Agenda packet — Bell Gardens City Council, August 25, 2025 (part 1 of 2)

CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, August 25, 2025, 6:00 PM
Agenda en Español

LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non-agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

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VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

Page

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

COMMUNITY DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Councilmember / Agency Member
Isabel Guillen, Councilwoman/ Agency Member
Dr. Francis De Leon Sanchez, Councilwoman / Agency Member Miguel De La Rosa, Mayor Pro Tem / Vice Chair
Jorgel Chavez, Mayor / Chair

5. PRESENTATION

5.1 Certificate of Recognition - El Pollito Panaderia

5.2 Proclamation for National Preparedness Month

5.3 Proclamation Honoring Deaf Awareness Month

6. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY During this time, the members of the public may address the City Council /

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Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items. Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

7. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council / Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

8. EXTERNAL COMMITTEES UPDATES

9. CITY MANAGER'S REPORT

10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

10.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

RECOMMENDATION: To approve ordinances by title only.

CONCLUSION: Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT: No fiscal impact.

ATTACHMENTS: None
10 10.2 Approval Minutes of City Council/Successor Agency - Joint and Special Meetings
RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the August 11, 2025, City Council/Successor Agency Joint Meeting and August 18, 2025, Special City Council Meeting.

CONCLUSION: If approved, the minutes of the City Council/Successor Agency Joint Meeting will be archived in the City Clerk’s Office. 11 - 32

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FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting - Aug 11 2025 - Minutes - Html
Exhibit 2 - City Council Special Meeting Strategic Plan Workshop - Aug 18 2025 - Minutes - Html

10.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.

FISCAL IMPACT:

Wire Transfer 07/31/20
25 3006 $11,513.00
Warrant
Register
07/29/20
25 196447 – 196477 $189,510.31
Total Voucher $201,023.31

Wire Transfer 07/24/20
25 3005 – 3011 $5,068,712.36
Warrant
Register
07/29/20
25 196478 – 196534 $3,361,788.02
Total Bank $8,430,500.38
Net Payroll
Transfer
07/24/20
25 $583,816.67
Total Voucher $9,014,317.05

Wire Transfer 06/30/25 3012 $40,833.33
33 - 56

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Warrant
Register
08/05/20
25 196535-196562 635,051.69
Total Voucher $675,885.03

Wire Transfer 08/05/20
25 3013 $1,499,783.14
Warrant
Register
08/05/20
25 196563 – 196617 $246,620.62
Total Voucher $1,746,403.76

Grand Total
Vouchers
$11,637,629.15
ATTACHMENTS:

Exhibit 1 - Warrant Registers

10.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 08/05/2025.

CONCLUSION: If the recommendation to the Successor Agency Members is approved, then the warrant register dated 08/05/2025 will be received and filed.

FISCAL IMPACT:

Warrant Register 08/05/2025 $3,377.50
Total Voucher $3,377.50

Grand Total Voucher $3,377.50
ATTACHMENTS:

Exhibit 1 - Warrant Register Successor Agency
57 - 58

10.5 July 2025 Treasurer's Report
RECOMMENDATION: It is recommended that the City Council receive, approve, and file the July 2025 Treasurer's Report. 59 - 63

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CONCLUSION: The July 31, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - July 2025 Treasurer Report

10.6 Consideration of a Resolution Authorizing the Installation of Green Curb Parking Restrictions Fronting 8044 Eastern
Avenue and 7734 Eastern Avenue
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue; and

2. Rescind Resolution No. 2025-71
CONCLUSION: If the City Council adopts the attached resolution, Public Works will proceed with the installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue.

FISCAL IMPACT: The estimated cost for the installation of all parking restrictions, including signage, is $500 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-79
64 - 96

10.7 Consideration of a Resolution Approving Memorandum of Understanding #MOUPAIBEL25000 with the Los Angeles
County Metropolitan Transportation Authority for Collecting and Reporting Data for the National Transit Database for Reporting Year 2023
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute Proposition A Discretionary Incentive Grant Program Memorandum of Understanding for Collection and Reporting Data for the National Transit Database for Reporting Year 2023, Number MOUPAIBELG25000.

CONCLUSION: Adoption of the attached Resolution will allow the City Manager to execute the MOU and in exchange, the City will receive transportation funding.

FISCAL IMPACT: The City will receive a payment of $85,644 for its participation in the NTD program for Reporting Year 2023.

ATTACHMENTS:
97 - 108

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Exhibit 1 – Resolution 2025-80
Exhibit 2 - Memorandum of Understanding

10.8 Consideration of a Resolution Approving a Purchase Order Agreement with Camino Real Chevrolet for the Purchase of a 2024 Chevrolet Pick-up Truck
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Camino Real Chevrolet for the purchase of a 2024 Chevrolet pick-up truck pursuant to Bell Gardens Municipal Code Section 3.04.100(A).

CONCLUSION: If the attached Resolution is adopted, staff will process and issue a purchase order to procure a 2024 Chevrolet Pick- up Truck.

FISCAL YEAR: The purchase of the pick-up truck totals $57,835.70, including upfitting, taxes and additional fees. The City’s FY 2025-2026 budget includes sufficient funds for the purchase of the pick-up truck for the Public Works Parks/Facilities Division.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-81
Exhibit 2 - Purchase Order Agreement
109 - 121

10.9 Consideration of a Resolution Approving an Equipment Procurement Agreement with Defiant Strength, Inc. for the Purchase and Delivery of Equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room
RECOMMENDATION: It is staff’s recommendation that the City Council by motion, adopt the attached Resolution approving an Equipment Procurement Agreement with Defiant Strength, Inc. for the purchase and delivery of equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room for a total amount of $58,795.

CONCLUSION: Recreation and Community Services staff sought a quote from Defiant Strength, Inc. through the Sourcewell for fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room. If the attached resolution is adopted, staff will process the agreement with Defiant for the procurement and delivery of the fitness equipment.

FISCAL IMPACT: The agreement with Defiant Strength, Inc. for the purchase and delivery of fitness equipment will be for a total amount of $58,795. The City’s FY 2025-26 budget includes sufficient funds to cover this expenditure.

ATTACHMENTS:

Exhibit 1 – Resolution No. 2025-82
122 - 199

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Exhibit 2 - Agreement

11. DISCUSSION

11.1 Local Commission Appointment List
RECOMMENDATION: It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

CONCLUSION: After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - Notice of Vacancy
200 - 201

11.2 Discussion Regarding Noise Regulations Pursuant to the Bell Gardens Municipal Code
RECOMMENDATION: It is staff's recommendation that the City Council receive and file this report.

CONCLUSION (Revised): City staff will continueto discuss with the City Prosecutor different options for the City’s ability to enforce noise violations, including but not limited to misdemeanor charges, which shall be punishable by a fine of not more than $1,000 or by imprisonment for a period of up to 6 months, and or both.

FISCAL IMPACT: The fiscal impact may include additional cost related to misdemeanor prosecution, offset by potential increased fines.

ATTACHMENTS:

Exhibit 1- Staff Presentation
202 - 213

11.3 Consideration of a Resolution Authorizing Kounkuey Design Initiative to Apply for the Rivers and Mountains Conservancy Proposition 1 River Parkways and Urban Streams for Lower Los Angeles River Grant
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution authorizing Kounkuey Design Initiative to apply for the Rivers and Mountains Conservancy Proposition 1 River Parkways and Urban Streams for Lower Los Angeles River Grant.
214 - 218

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CONCLUSION: KDI has informed staff of an RMC grant opportunity for the Our Resilient Rio Bell Gardens Golf Course Vision Plan which includes the implementation of at least one phase of the Vision Plan.

The City Council previously directed KDI to seek funding for design and construction plans and specifications only. Due to the implementation requirement, City Council gave direction for staff to bring back an item for consideration of a resolution authorizing KDI to apply for the Grant.

FISCAL IMPACT: No fiscal impact.

ATTACHMENTS:

Exhibit 1 – Resolution No. 2025-83

12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

13. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on August 21, 2025

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:General Motion To Waive Full Reading And Approve Ordinances By Title Only Pursuant To California Government Code Section 36934 MEETING DATE: August 25, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND / DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Minutes for the August 11, 2025, City Council/Successor Agency Joint Meeting and August 18, 2025, Special City Council Meeting

MEETING DATE:August 25, 2025

RECOMMENDATION:

It is the staff’s recommendation that the City Council approve the minutes of the August 11, 2025, City Council/Successor Agency Joint Meetings and August 18, 2025, Special City Council Meeting

BACKGROUND / DISCUSSION:

Every Closed Session and City Council/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the City Council/Successor Agency Joint Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administration Services

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CITY OF BELL GARDENS

MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, August 11, 2025, 6:00 PM

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

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wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on August 11, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:19 p.m.

2. INVOCATION
The invocation was given by Minister Daniel Anguiano.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief Camacho.

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4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

5. PRESENTATION

5.1 Certificate of Recognition - Toastmasters Dynamic
Forcemasters Club 587 for the Designation of the President's Distinguished Club

Councilmember Marco Barcena read the certificate of
recognition and presented it to President Salvador Cervantes and members.

5.2 Certificate of Recognition - Anaya's Service Center Mayor Jorgel Chavez read the certificate of recognition and presented it to the owner Juan Anaya.

6. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items. Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

City Clerk Daisy Gomez announced that there were no written comment received.

Maria Padilla, Soledad Garcia, and Veronica Milan, spoke regarding the unhoused and appreciation of the assistance provided by the City.

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Cassandra spoke regarding current hardships.

Monica Kakimoto spoke regarding immigration issues.

Maria Esther Montano spoke regarding immigration issues.

City Clerk Daisy Gomez announced that there were nineteen (19) written comments received and distributed to the full Council.

Item No. 11.5 - Aida Vega.pdf
Item No. 11.5 - Albert Ruiz Calero.pdf
Item No. 11.5 - Alberto Espiricueta.pdf
Item No. 11.5 - Ambar Rivera.pdf
Item No. 11.5 - Amparo Garcia.pdf
Item No. 11.5 - Ana Aldaco.pdf
Item No. 11.5 - Bella Gallegos.pdf
Item No. 11.5 - Dilia Ortega.pdf
Item No. 11.5 - Ernesto Perez.pdf
Item No. 11.5 - Martha Pineda.pdf
Item No. 11.5 - Natalie Rubio.pdf
Item No. 11.5 - Natasha Dominguez.pdf
Item No. 11.5 - Roberto Bustillo.pdf
Item No. 11.5 and 11.6 - Isabel Gomez.pdf
Item No. 11.5 -Luke MacDonald.pdf
Item No. 11.5 -Monica Aguilar.pdf
Item No. 11.6 - Blanca Muratalla.pdf
Item No. 11.6 - Diana Calderon.pdf
Item No. 11.6 -Luis Pena.pdf

Francisco Barcena spoke regarding Item No. 11.6.

Mateo Gil spoke regarding Item No. 11.5.

Elisa Farias spoke regarding Item No. 11.5.

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Veronica Lopez spoke regarding Item No. 11.5.

Martha Carrasco spoke regarding Item No. 11.6.

Laura Cortez spoke regarding Item No. 11.5.

Jocelyn Del Real spoke regarding Item Nos. 11.5 and 11.6.

Ceshia Palos spoke regarding Item No. 11.5.

Melodie Cuevas spoke regarding Item Nos. 11.5 and 11.6.

Richard Jarman spoke regarding Item No. 11.6.

Maria Padilla spoke regarding Item Nos. 11.5 and 11.6.

Jasmine Gonzalez spoke regarding Item Nos. 11.5 and 11.6.

Cassandra spoke regarding Item Nos. 11.5 and 11.6.

Aida Vega spoke regarding Item No. 11.5.

Wendy Avila spoke regarding Item No. 11.5.

Ozzy Orozco spoke regarding Item No. 11.5
Valery Reyes spoke regarding Item No. 11.5.

Janeth Preciado Vargas spoke regarding Item No. 11.5.

Monica Kakimoto spoke regarding Item No. 11.6.

Grace Estrella Saucedo spoke regarding Item Nos. 11.5 and 11.6.

Maya H. spoke regarding Item Nos. 11.5 and 11.6.

Honey Bizarro spoke regarding Item No. 11.5.

Rosemary spoke regarding Item No. 11.5.

Irma Lopez spoke regarding Item No. 11.5.

Irma Vargas spoke regarding Item Nos. 11.5 and 11.6.

Catalina Hernandez spoke regarding Item No. 11.5.

Meli Macedo spoke regarding Item Nos. 11.5 and 11.6.

Lidia Aguilar spoke regarding Item No. 11.5.

Jas spoke regarding Item Nos. 11.5 and 11.6.

Laura spoke regarding Item No. 11.5 and 11.6
Emmanuel Carrera Ruben spoke regarding Item Nos. 11.5 and 11.6.

Maria Morales spoke regarding Item No. 11.6.

Yalda Calderon spoke regarding Item Nos. 11.5 and 11.6.

Mario Beltran spoke regarding Item 11.5.

8. EXTERNAL COMMITTEES UPDATES
Councilwoman Dr. Francis De Leon Sanchez made an announcement

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regarding the COG Meeting and the transportation career academy program was presented to all the members . High School Students are able to do internships.

Mayor Jorgel Chavez recessed the meeting at 8:26 p.m. and reconvened at 8:41 p.m.

9. CITY MANAGER'S REPORT
City Manager Michael B. O'Kelly provided a brief report.

A motion was made by Councilwoman Dr. Francis De Leon Sanchez, seconded by Councilwoman Isabel Guillen to approve Consent Calendar Item Nos. 10.1 - 10.8.

The motion carried 5-0 with the following vote:

Moved by: Dr. Francis De Leon Sanchez
Seconded by: Isabel Guillen

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

10.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

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RECOMMENDATION: To approve ordinances by title only.

CONCLUSION: Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT: No fiscal impact.

10.2 Approval Minutes of City Council/Successor Agency - Joint Meeting
RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the July 28, 2025, Closed Session and City Council/Successor Agency Joint Meetings.

CONCLUSION: If approved, the minutes of the Closed Session and City Council/Successor Agency Joint Meetings will be archived in the City Clerk’s Office.

FISCAL IMPACT: None
ATTACHMENTS:

Exhibit 1 - City Council Closed Session - Jul 28 2025 - Minutes - Html
Exhibit 2 - City Council / Successor Agency to the Community Development Commission Joint Meeting - Jul 28 2025 -
Minutes - Html

10.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the warrant registers, wire transfers, and net payrolls dated 07/10/2025, 07/15/2025, and 07/22/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 07/10/2025, 07/15/2025, and 07/22/2025.

FISCAL IMPACT:

Wire Transfer 07/10/2
025
3000 $1,735,757.60
Warrant
Register
07/15/2
025
196148 –
196223
$677,058.19

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Total Voucher $2,412,815.79

Wire Transfer 07/10/2
025
3001 - 3004 $304,976.37
Warrant
Register
07/15/2
025
196224 –
196323
$122,341.76
Total Bank $427,318.13
Net Payroll
Transfer
07/10/2
025
$569,667.85
Total Voucher $996,985.98

Warrant
Register
07/22/2
025
196324-196382 $430,108.16
Total Voucher $430,108.16

Warrant
Register
07/22/2
025
196383 –
196446
$484,934.80
Total Voucher $484,934.80

Grand Total
Vouchers
$4,324,844.73
ATTACHMENTS:

Exhibit 1 - Warrant Registers

10.4 Consideration of a Resolution Approving a Professional Services Agreement between the City of Bell Gardens and Terra Realty Advisors Inc. for Billboard Advisory Services RECOMMENDATION: It is staff’s recommendation that the
City Council:

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1. Adopt the attached Resolution; and

2. Authorize and direct the City Manager to execute the Professional Services Agreement between the City of
Bell Gardens and Terra Realty Advisors, Inc. for
Billboard Advisory Services pursuant to Bell Gardens
Municipal Code Section 3.04.100(A).

CONCLUSION: It is recommended that the City Council
approve the attached Resolution authorizing a Professional Services Agreement between the City and Terra Realty
Advisors, Inc., for billboard real estate advisory services, in an amount not to exceed $30,000 for a term of three (3) years.

FISCAL IMPACT: The total cost of consulting services
provided by Terra Realty will not exceed $30,000 over the course of the three (3) year term of the Professional Services Agreement. The City may recover this cost through future reimbursement agreement(s) included in future lease or
development agreements with billboard companies. Initially, the Professional Services Agreement amount will need to be appropriated from the general fund into the Community
Development Budget because it was not contemplated in the current fiscal budget.

ATTACHMENTS:

Exhibit 1- Resolution No._2025-75
Exhibit 2- Professional Services Agreement

10.5 Consideration of a Resolution Approving an Interagency Memorandum of Understanding (MOU) with the Los Angeles
Metropolitan Transportation Authority to Participate in the Regional Integration of Intelligent Transportation Systems and Become a Voting Member of the Configuration
Management Committee
RECOMMENDATION: It is staff’s recommendation that the
City Council:

1. Adopt the attached Resolution approving an
Interagency Memorandum of Understanding (MOU)
with the Los Angeles Metropolitan Transportation
Authority to participate in the Regional Integration of Intelligent Transportation Systems and become a
voting member of the Configuration Management

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Committee; and

2. Authorize the City Manager to execute the MOU,
including approving finalized plans and any other
actions in connection with the Agreement.

CONCLUSION: If the MOU is approved, staff will process it for signatures and transmit it to LACMTA.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-76
Exhibit 2 - Memorandum of Understanding (MOU)

10.6 Consideration of a Resolution Approving a Sixth Amendment to Professional Services Agreement with RJM Design Group, Inc. to Provide Additional Construction Administration
Services for the John Anson Ford Park Regional Aquatics Center Improvements
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution authorizing the City Manager to execute a Sixth Amendment to the
Professional Services Agreement with RJM Design Group, Inc.

CONCLUSION: Approving a Sixth Amendment would enable
RJM to provide the additional construction administration services necessary to complete the Aquatics Center.

FISCAL IMPACT: Existing funds in the reimbursable allowance in the amount of $23,000 will be transferred to construction administration services. The additional amount of $51,750 for construction administration services would result in a new total compensation in the amount of $1,721,755. CDBG funds are available to cover the additional amount.

ATTACHMENTS:

Exhibit 1 - Resolution 2025-77
Exhibit 2 - Sixth Amendment with Exhibits

10.7 Consideration of a Resolution approving a Memorandum of Understanding (MOU) with the Los Angeles Metropolitan
Transportation Authority for the Southeast Los Angeles
Transit Improvement Project
RECOMMENDATION: It is staff’s recommendation that the

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City Council:

1. Adopt the attached Resolution approving a
Memorandum of Understanding (MOU) between the
City of Bell Gardens and the Los Angeles County
Metropolitan Transportation Authority for the
Southeast Los Angeles Transit Improvements Project
(SELA TIP) to purchase and install two (2) new bus
shelters; and

2. Authorize the City Manager to execute the MOU and all related documents necessary to implement the project,
in a form approved by the City Attorney.

CONCLUSION: If the MOU is approved, staff will process it for signatures and transmit it to Metro.

FISCAL IMPACT: None. Metro will be reimbursing the City for costs associated with the procurement and installation of the bus shelters.

ATTACHMENTS:

Exhibit 1 – Resolution 2025-78
Exhibit 2 – Memorandum of Understanding (MOU) with
Exhibits

10.8 Consideration of Acceptance of the Soil Remediation Project at the Former Berk Oil Site (CIP No. 3927)
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Accept the Construction Contract of Resource
Environmental, Inc. for the Soil Remediation Project at Former Berk Oil Site as Complete; and

2. Appropriate an additional $65,678.20 in ECRG funds to cover costs that exceeded the original construction
contract and contingency; and

3. Authorize staff to file the Notice of Completion.

CONCLUSION: The City Council’s acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar-Recorder.

FISCAL IMPACT: The Project performed was funded through the Equitable Community Revitalization Grant (ECRG)
program received from Department of Toxic Substances
Control (DTSC). The final Project construction cost including

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change orders is $2,583,578.64.

The construction budget was $2,517,900.44, including
contingency. Therefore, an additional appropriation of
$65,678.20 is necessary to cover the total construction costs after Change Orders.

The table below illustrates the total construction cost and construction budget:

Actual Construction Cost – Base Bid $
2,179,988.26
Change Orders No.1 - 4 $
403,590.38
Total Project Costs $
2,583,578.6
4 Original Contract Amount, including 10%
contingency
$
2,517,900.44
Total Project Costs $
2,583,578.64
Additional Funding Required due to
Change Orders
$
65,678.20
ATTACHMENTS:

Exhibit 1 - Notice of Completion

11. DISCUSSION

11.1 Local Commission Appointment List
RECOMMENDATION: It is staff's recommendation that the
City Council review the Commissions Appointments List and by motion, remove commissioners and/or make
appointments to the posted vacancies.

CONCLUSION: After an appointment is made, Commission
members will receive their Oath of Office before beginning service with their respective Commission at the next regularly

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scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Notice of Vacancy
No action was taken.

11.2 Designation of Voting Delegates and Alternates - League of California Cities Annual Conference & Expo
RECOMMENDATION: It is staff's recommendation that the
City Council designate a voting delegate and up to two (2) alternates to attend the League of California Cities Annual Business Meeting, scheduled for October 8-10, 2025, where the League membership will consider and take action on
resolutions that establish League policy.

CONCLUSION: The City Council must appoint a voting
delegate and up to two (2) alternates to attend the General Assembly on Friday, October 10, 2025 commencing at 7:30 a.m. The voting delegate and alternate(s) must be registered in order to vote at the League of California Cities Annual Business Meeting.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1- Informational Packet

This item was heard after Item No. 11.4.

A motion was made by Councilwoman Dr. Francis De Leon
Sanchez, seconded by Councilmember Marco Barcena, to
appoint Mayor Jorgel Chavez as the voting delegate and Mayor Pro Tem Miguel De La Rosa as the alternate.

The motion carried 5-0 with the following vote:

Moved by: Dr. Francis De Leon Sanchez
Seconded by: Marco Barcena

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Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.3 Discussion Pertaining to Kounkey Design Initiative (KDI) – Our Resilient Rio Bell Gardens Golf Course Vision Plan – Update RECOMMENDATION: It is staff’s recommendation that the
City Council:

1. Receive and file the Kounkuey Design Initiative (KDI) - Our Resilient Rio Bell
Gardens Golf Course Vision Plan update; or

2. Direct staff to bring an agenda item with a resolution for City Council consideration to authorize KDI to apply for the Rivers and Mountains Conservancy Grant.

CONCLUSION: KDI has informed staff of an RMC grant
opportunity for the Our Resilient Rio Bell Gardens Golf Course Vision Plan. The RMC grant would pay for design, construction plans and specifications, and estimates, but it will also require that at least one phase of the project is constructed or implemented.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Vision Plan

This item was heard after Item No. 11.6 and prior to Item No.

11.4. Elizabeth Nava, Director of Recreation and Community Services, provided a presentation.

A motion was made by Mayor Jorgel Chavez, seconded by
Councilmember Marco Barcena to bring back item with a
resolution.

The motion carried 5- 0 with the following vote:

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Moved by: Jorgel Chavez
Seconded by: Marco Barcena

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.4 Discussion of Creation of Bell Gardens Resident ID Card Program
RECOMMENDATION: It is staff’s recommendation that the
City Council receive and file this report.

CONCLUSION: The Recreation and Community Services
Department will implement a Resident Card program.

Interested residents can submit an application at Ford Park, take a photo and pay the designated fee to receive a card.

Card renewal is required on an annual basis. This program is slated to begin in the fall of this year.

FISCAL IMPACT: There will be a one-time cost for purchasing the printing equipment and software update of
approximately $6,000. The current fiscal budget will
accommodate the required the costs of the program.

ATTACHMENTS: None.

This item was heard after Item No. 11.3 and prior to Item No.

11.2. Elizabeth Nava, Director of Recreation and Community Services, provided a presentation.

A motion was made by Councilmember Marco Barcena,
seconded by Councilwoman Dr. Francis De Leon Sanchez to receive and file this item.

The motion carried 5-0 with the following vote:

Moved by: Marco Barcena

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Seconded by: Dr. Francis De Leon Sanchez

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Dr. Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11.5 Discussion Regarding Existing Tenant Eviction Protections RECOMMENDATION: It is the staff’s recommendation that the City Council receive and file this report.

CONCLUSION: Staff recommends that the City Council
receive and file this report.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 – Rent Stabilization and Tenant Eviction Protections (Ordinance No. 925)

This item was heard after Item No. 11.1 and prior to Item No.

11.6. Manuel Acosta , Director of Community Development Services, provided a presentation.

Mayor Jorgel Chavez provided staff direction to return to Council with an ordinance/urgency prepared in collaboration with organizations of interest to support residents and businesses within the city's legal authority.

11.6 Discussion Regarding Agreement Between the City of Bell Gardens and Flock Group, Inc.

RECOMMENDATION: It is staff's recommendation that the
City Council:

1. Receive and file this report; or

2. Direct Staff to let the Agreement lapse at the end of the Term on February 28, 2026, with no additional optional
extensions; or

3. Direct the City Manager to provide notice to terminate

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the Agreement for convenience on August 12, 2025.

CONCLUSION: Staff is seeking direction from the City Council regarding the existing Agreement with Flock.

FISCAL IMPACT: None.

ATTACHMENTS:

Exhibit 1 - Agreement
This item was heard after Item No. 11.5 and prior to Item No.

11.3. Police Chief Camacho provided a presentation.

A motion was made by Councilwoman Isabel Guillen, seconded by Councilwoman Dr. Francis De Leon Sanchez to receive and file this item.

A substitute motion was made by Councilmember Marco
Barcena, died for a lack of second to terminate the agreement with Flock Group, Inc.

An amended motion to original motion was made by
Councilwoman Dr. Francis De Leon Sanchez, died for a lack of a second to receive and file this item and add the transparency tool.

A substitute motion was made by Mayor Pro Tem Miguel De La Rosa, seconded by Mayor Jorgel Chavez to direct staff to immediately remove access of Bell Gardens Police Department information to the 282 agencies and add the transparency tool.

The motion carried 3-1-1-0 with the following vote:

Moved by: Miguel De La Rosa
Seconded by: Jorgel Chavez

Yes Marco Barcena, Jorgel Chavez, and Miguel De
La Rosa

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No Dr. Francis De Leon Sanchez
Abstain Isabel Guillen
Carried 3-1

12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

13. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 10:49 p.m.

Daisy Gomez, City Clerk

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CITY OF BELL GARDENS

MINUTES
City Council Special Meeting
Strategic Plan Workshop
Monday, August 18, 2025, 5:00 PM

LOCATION: CITY HALL, EOC, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The special meeting will be held at Bell Gardens City Hall in the EOC. The public may attend the meeting in person as instructed below.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments in the EOC. The EOC will have limited seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council prior to discussion of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record post this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a Special Meeting on August 18, 2025, in Bell Gardens City Hall, 7100 Garfield Ave, Bell Gardens, CA 90201 with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the special meeting to order at 5:17 p.m.

2. ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Councilmember
Isabel Guillen, Councilwoman
Dr. Francis De Leon Sanchez, Councilwoman
Miguel De La Rosa, Mayor Pro Tem
Jorgel Chavez, Mayor

3. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council Members regarding any item listed on the special meeting agenda. Public comments are limited to 3 minutes per person, unless different time is announced by the presiding chair.

City Clerk Daisy Gomez announced that there were no written comments and no public comments provided.

4. CITY COUNCIL STRATEGIC PLAN WORKSHOP

4.1 City Council Strategic Plan Workshop
RECOMMENDATION: It is staff's recommendation that the

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City Council discuss the specific goals and strategic objectives of the City of Bell Gardens for the next five years.

CONCLUSION: The development of the Plan marks a
significant step in shaping the future of the Bell Gardens community through a collaborative and inclusive planning process. With the facilitation of the Special City Council Meeting Strategic Plan Workshop, the City will be able to establish clear priorities, values, objectives and a shared vision to guide its efforts over the next five years.

FISCAL IMPACT: Sufficient funding is included in the FY 2025- 2026 General Fund Budget.

ATTACHMENTS: None
Council discussion ensued.

5. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 9:04 p.m.

Daisy Gomez, City Clerk

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:Warrant Register and Wire Transfer
MEETING DATE:August 25, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 06/30/2025, 07/24/2025, 07/29/2025, 07/31/2025 and 08/05/2025.

FISCAL IMPACT:

Wire Transfer 07/31/2025 3006 $11,513.00
Warrant Register 07/29/2025 196447 – 196477 $189,510.31 Total Voucher $201,023.31
Wire Transfer 07/24/2025 3005 – 3011 $5,068,712.36
Warrant Register 07/29/2025 196478 – 196534 $3,361,788.02 Total Bank $8,430,500.38
Net Payroll Transfer 07/24/2025 $583,816.67
Total Voucher $9,014,317.05
Wire Transfer 06/30/25 3012 $40,833.33
Warrant Register 08/05/2025 196535-196562 635,051.69
Total Voucher $675,885.03

Wire Transfer 08/05/2025 3013 $1,499,783.14
Warrant Register 08/05/2025 196563 – 196617 $246,620.62 Total Voucher $1,746,403.76

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APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services Grand Total
Vouchers
$11,637,629.15

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8 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:Warrant Register Successor Agency
MEETING DATE:August 25, 2025
RECOMMENDATION:

It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 08/05/2025
BACKGROUND/DISCUSSION:

The attached warrant registers are for 08/05/2025. The warrant register reflects the obligation of the Successor Agency to Community Development.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 08/05/2025 will be received and filed.

FISCAL IMPACT:

Warrant Register 08/05/2025 $3,377.50
Total Voucher $3,377.50
Grand Total Voucher $3,377.50
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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8 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance and Administrative Services SUBJECT:July 2025 Treasurer’s Report
MEETING DATE:August 25, 2025
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the July 2025 Treasurer’s Report.

BACKGROUND/DISCUSSION:

The Treasurer’s Report is a list of cash and investments held by the City as of July 31, 2025. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The July 31, 2025, Treasurer’s Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT: None
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT:Consideration of a Resolution Authorizing the Installation of Green Curb Parking Restrictions Fronting 7734 Eastern Avenue and 8044 Eastern Avenue
DATE: August 25, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council:

1. Adopt the attached Resolution authorizing the installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue; and

2. Rescind Resolution No. 2025-71
BACKGROUND/DISCUSSION:

On August 5, 2025, the Traffic and Safety Commission approved a recommendation to the City Council for consideration of installation of green curb parking restrictions fronting 8044 Eastern Avenue and 7734 Eastern Avenue.

Green Curb Fronting 7734 Eastern Avenue
The Public Works Department received a request to install green curb parking restrictions fronting 7734 Eastern Avenue to help accommodate MRZ Beauty Salon customers. The request noted that current parking challenges have created difficulties in providing smooth and efficient experience for their clients. Eastern Avenue is a 2-hour north-south street with a posted 40 miles per hour speed limit. The property is surrounded by residential dwellings and other businesses. In response to the request, the City’s Traffic Engineer completed a site investigation and recommended approving the installation of 18 feet of green curb parking restrictions fronting 7734 Eastern Avenue from 8:00 a.m. to 6:00 p.m., and the installation of a modified sign identifying a 40-minute parking zone with the addition of the verbiage “Except Sundays and Holidays” below the wording “MON-SAT” on the sign.

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Green Curb Fronting 8044 Eastern Avenue
The Public Works Department received a request to install a green curb parking restriction fronting 8044 Eastern Avenue to help accommodate Eastern Fish Market customers, improve traffic flow, and make it more convenient for customers. Eastern Avenue is a four-lane divided urban arterial running in a north-south direction with a posted 40 miles per hour speed limit. The property is surrounded by residential housing and other businesses. The property address does have a 2-hour time limit for parking in front of the business from the hours of 7:00 a.m. to 6:00 p.m.

In response to the request, the City’s Traffic Engineer completed a site investigation.

There is an existing 2-hour parking sign on a streetlight pole in front of the business that would need to be relocated further north to another available pole or installed on a new telespar post. The City Traffic Engineer recommended the installation of 18 feet of green curb parking restrictions fronting 8044 Eastern Avenue from 8:00 a.m. to 6:00 p.m., and the installation of a modified sign identifying a 20-minute parking zone with the addition of the verbiage “Except Sundays and Holidays” below the wording “MON-SAT” on the sign.

Install a modified sign
on a telespar post
and stencil 40
minutes on top of the
curb.

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CONCLUSION:

If the City Council adopts the attached resolution, Public Works will proceed with the installation of green curb parking restrictions fronting 7734 Eastern Avenue and 8044 Eastern Avenue.

FISCAL IMPACT:

The estimated cost for the installation of all parking restrictions, including signage, is $500 and is available in the current Street Maintenance Budget.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services Remove the existing 2-hour parking sign and relocate
further north. Install a sign on the light post and stencil 20 minutes on top of the 18 feet of green curb marking.

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RESOLUTION NO. 2025-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ESTABLISHING PARKING

RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE
WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS

MUNICIPAL CODE AND RESCINDING AND SUPERSEDING
RESOLUTION NO. 2025-71

WHEREAS, the City Council desires to reaffirm and ratify and re-establish those parking restrictions presently in effect in the City of Bell Gardens as adopted by Resolution No. 2025-71; and

WHEREAS, the City Council desires to install 18 feet of green curb restrictions fronting 7734 Eastern Avenue and 18 feet of green curb restrictions fronting 8044 Eastern Avenue, as described in Section (V)(C)(20) and Section (V)(D)(1) of the Parking Restrictions which are attached and incorporated hereto as Exhibit “A.”

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporated herein.

SECTION 2. Resolution No. 2025-71 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.

SECTION 3. The City Council hereby approves the Parking Restrictions attached and incorporated hereto as Exhibit “A.”

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]

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Resolution 2025-79
2 of 30

PASSED, APPROVED, and ADOPTED this 25th day of August 2025.

THE CITY OF BELL GARDENS

Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution 2025-79
3 of 30

I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

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Resolution 2025-79
4 of 30

EXHIBIT “A”

PARKING RESTRICTIONS

I. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times (red curb).

1. The north side of Gage Avenue from a point eight hundred fifty-five (855) feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;

8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;

9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;

10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;

11. The south side of Suva Street between Loveland Street and Emil Avenue;

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Resolution 2025-79
5 of 30

12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;

13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;

14. The south side of Clara Street between the west City limits and the south Clara Street service road;

15. The north side of Clara Street from the west City limits to the north Clara Street service road;

16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215) feet westerly thereof;

17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;

18. The north side of Gage Avenue from two hundred seventy (270) feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;

19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;

20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;

21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof;

22. The north and south sides of Gage Avenue from the west City limits to the service roads;

23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;

24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;

25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;

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Resolution 2025-79
6 of 30

26. The east side of Jaboneria Road from the prolongation of the north curb of Gag Avenue to a point fifty (50) feet northerly thereof;

27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200) feet southerly thereof;

28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;

29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;

30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue;

31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;

32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;

33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;

34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;

35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;

36. The north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;

37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;

38. The north side of Clara Street from a point 175’ west of the western prolongation of Kress Street to a point 200’ westerly thereof;

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39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;

40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;

41. The south side of Clara Street from a point one hundred seventy-two (172) feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;

42. The south side of Florence Avenue from a point one hundred seventy (170) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;

44. The south side of Florence Avenue from a point two hundred sixty-five (265) feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;

45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75) feet east of the prolongation of the east curb line of Toler Avenue;

46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;

47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;

48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;

49. The south side of Florence Avenue from a point one hundred twenty-five (125) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;

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50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;

51. The north side of Florence Avenue from a point one hundred sixty-five (165) feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;

52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;

53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;

54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;

55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;

56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;

57. The north side of Florence Place from a point two hundred thirty (230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;

58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;

59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;

60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;

61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;

62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;

63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180) feet southerly thereof;

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64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;

65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;

66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;

67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;

68. The south side of Quinn Avenue from Lynda Lane to a point twenty-five (25) feet east of the prolongation of the east curb of Lynda Lane;

69. The east side of Eastern Avenue between the points six hundred sixty-five (665) feet and seven hundred twenty-five (725) feet north of the prolongation of the north curb of Florence Avenue;

70. The east side of Garfield Avenue from a point three hundred twenty-five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;

71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;

72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;

73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;

74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;

75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;

76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;

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77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;

78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;

79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;

80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;

81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;

82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105) feet southerly thereof;

83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;

84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;

85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;

86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;

87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;

88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;

89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;

90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;

91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty- five (325) feet west of the prolongation of the west curb of Chalet Drive;

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92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;

93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;

94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;

95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;

96. The east side of Garfield Avenue from a point four hundred (400) feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;

97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;

98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six (176) feet southerly thereof;

99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;

100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof;

101. The west side of Emil Avenue from a point two hundred seventy (270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;

102. The south side of Shull Street from a point eight hundred eighty-nine (889) feet east of the BCR at Jaboneria Road, twenty-five (25) feet east and west of the back driveway at 5700 Shull Street;

103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;

104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;

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105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;

106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;

107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety (90) feet south of the north curb of Watcher Street on the west side of Jaboneria Road;

108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;

109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20) feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue;

110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20) feet northward on the west side of Emil Avenue;

111. The south side of Florence Avenue from a point one hundred forty (140) feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty- eight (168) feet westerly thereof;

112. The west side of Garfield Avenue from a point twenty-five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;

113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;

114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty-five (285) feet easterly thereof;

115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point five hundred sixty-two (562) feet southerly thereof;

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116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;

117. The south side of Gage from a point four hundred twenty-three (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;

118. The south side of Park Lane, from a point four hundred twenty-three (423) feet east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three (523) feet easterly thereof;

119. The southside of Priory Street, twenty-one (21’) feet west of the western prolongation to a point of six hundred fifty-eight (658’) westerly thereof;

120. The north side of Agra Street, from a point four hundred eighty seven (487) feet from the east prolongation of Colmar Street to a point six hundred and one (601) feet easterly thereof. For a total of one hundred and fourteen (114) feet;

121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundred forty-three (143) feet easterly thereof;

122. The north side of Foster Bridge Blvd from a point twenty-five (25) feet west of the western prolongation of Priam Drive to a point fifty-five (55) feet westerly thereof;

123. The north side of Foster Bridge Blvd from a point one hundred ninety-three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty-one (241) feet westerly thereof;

124. The east side of Emil Avenue from a point twenty-six (26) feet of the southern prolongation of Otto Street to a point fifty-six (56) feet southerly thereof;

125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof;

126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty (30) feet northerly thereof;

127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point forty-one (41) feet southerly thereof;

128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point fifty (50) feet westerly thereof;

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129. The east side of Scout Avenue from a point five hundred twenty-two (522) feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty- two (562) feet northerly thereof;

130. The east side of Scout Avenue from a point six hundred and eight (608) feet north of the northerly prolongation of Florence Avenue to a point six hundred forty-eight (648) feet northerly thereof;

131. The west side of Scout Avenue from a point five hundred and sixty (560) feet south of the southern prolongation of Live Oak Street to a point of six hundred (600) feet southerly thereof;

132. The west side of Scout Avenue from a point six hundred thirty (630) feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650) feet southerly thereof;

133. The west side of Scout Avenue from a point seven hundred twenty-five (725) feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty-five (765) feet southerly thereof;

134. The west side of Scout Avenue from a point eight hundred (800) feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820) feet southerly thereof;

135. The south side of Foster Bridge Blvd from a point seven hundred and seventy- seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof;

136. The south side of Foster Bridge Blvd from a point eight hundred forty-six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty- nine (869) feet westerly thereof;

137. On the north side of Lubec Street from a point thirteen (13) feet east of the eastern prolongation of El Cortez Avenue, to a point fifty-three (53) feet easterly thereof; 138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof;

139. On the north side of Florence Place from a point two hundred and fifty-one (251) feet west of the west prolongation of Garfield Avenue to a point fifty-seven (57) feet westerly thereof;

140. On the north side of Agra Street from a point six hundred one (601) feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630) feet westerly thereof;

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141. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point one hundred twenty-seven (127) feet thereof;

142. On the south side of Watcher Street from a pointy thirty-five (35) feet from the easterly prolongation of Eastern Avenue to a point one-hundred twenty (120) feet easterly thereof;

143. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty-three (33) feet westerly thereof;

144. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty-eight (328) feet southerly thereof;

145. The north side of Live Oak Street a point ninety-nine (99) feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty-nine (129) feet westerly thereof;

146. The north side of Live Oak Street from a point two hundred twenty-nine (229) feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty-nine (259) feet westerly thereof;

147. The north side of Live Oak Street from a point three hundred seventy-one (371) feet west of the ending radius of Purdy Avenue to a point four hundred seventy- one (471) feet westerly thereof;

148. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;

149. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10) feet westerly thereof;

150. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;

151. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10) feet easterly thereof;

152. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10) feet northerly thereof;

153. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;

154. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10) feet southerly thereof;

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155. The west side of Emil Avenue from a point five hundred thirty-five (535’) feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty (560) feet southerly thereof;

156. The west side of Ira Avenue from a point three hundred seventy-one (371) feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety-one (391) feet southerly thereof;

157. The west side of Ira Avenue from a point twenty (20) feet south of the prolongation of the south curb of Priory Street to a point forty (40) feet southerly thereof;

158. The west side of Garfield Avenue from a point four hundred eight (408) feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460) feet southerly thereof;

159. The east side of Garfield Avenue from a point four hundred thirty-six (436) feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy-one (471) feet northerly thereof;

160. The west side of Jaboneria Road from a point seven hundred twenty six (726’) feet south of the prolongation of the south curb of Lubec Street to a point seven hundred sixty six (766’) feet southerly thereof;

161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213) feet easterly thereof;

162. On the east side of Eastern Avenue from a point three hundred fifty-two (352) feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362) feet northerly thereof;

163. On the east side of Emil Avenue from a point two hundred and seventy-four (274) feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284) feet northerly thereof;

164. On the west side of Emil Avenue from a point two hundred and eighty-four (284) feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294) feet southerly thereof;

165. The south side of Florence Place from a point nine hundred thirty four (934) feet east of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty-six (966) feet easterly thereof;

166. The north side of Gotham Street from a point one thousand two hundred twenty- seven (1,227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty seven (1,247) feet westerly thereof;

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167. The east side of Jaboneria Road from a point five hundred thirty-two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty-three (583) feet northerly thereof;

168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy-five (75) feet northerly thereof;

169. The north side of Florence Place from a point five hundred-thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred- fifty (550) feet westerly thereof;

170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof;

171. The west side of Eastern Avenue from a point four hundred and fifty (450) feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof;

172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty (330) feet northly thereof;

173. The east side of Eastern Avenue from a point thirty (30) feet from the prolongation of the north curb line of Priory Street to a point fifty (50) feet northerly thereof;

174. The east side of Jaboneria Road (6021 Florence Avenue) from a point one hundred fifty feet from the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;

175. The south side of Gage Avenue from a point four hundred sixty-three (463) feet from the prolongation of the east curb line of Chalet Drive to a point four hundred seventy-four (474) feet easterly thereof;

176. The west side of Garfield Avenue from a point one thousand one hundred forty- three (1,143) feet from the prolongation of the south curb line of Florence Avenue to a point one thousand one hundred fifty-three (1,153) feet southerly thereof;

177. The north side of Scout Avenue from a point four hundred thirty two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred thirty seven (537’) feet westerly thereof;

178. The east side of Ira Avenue from a point eight hundred sixty five (865) feet from the prolongation of the north curb line of Florence Avenue to a point eight hundred ninety (890’) feet northerly thereof;

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179. The east side of Garfield Avenue from a point two hundred and sixty one (261) feet from the prolongation of the north curb line of Clara Street to a point two hundred seventy six (276) feet northerly thereof;

180. The east side of Kress Avenue from a point three hundred forty four (344) feet north of the prolongation of the north curb line of Clara Street to a point three hundred forty seven (347) feet northerly thereof;

181. The east side of Kress Avenue from a point three hundred sixty four (364) feet north of the prolongation of the north curb line of Clara Street to a point three hundred sixty nine (369) feet northerly thereof;

182. The south side of Cecilia Street from a point nine hundred sixty (960) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred sixty-three (963) feet easterly thereof; and

183. The south side of Cecilia Stret from a point nine hundred seventy eight (978) feet east of the prolongation of the east curb line of Eastern Avenue to a point nine hundred eighty one (981) feet easterly thereof.

B. Designated Hours:

1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;

2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

3. The north side of Clara Street, from a point two hundred fifty-five (255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;

4. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

5. The north side of Florence Avenue from a point one hundred ninety-five (195) feet

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east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;

6. The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas; and

7. The north side of Scout Avenue from a point four hundred thirty-two (432) feet from the prolongation of the west curb line of Ramish Avenue to a point five hundred twelve (512’) feet westerly thereof, between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted.

II. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):

A. Two-hour parking - 7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted

1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy (570) feet south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;

2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;

3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;

4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);

5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);

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7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);

8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);

10. The north side of Suva Street from Emil Avenue to the east City limits;

11. The south side of Suva Street from a point one thousand nine hundred and fifty- five (1,955) feet east of the prolongation of the east curb of Loveland Street to the east city limits;

12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;

13. The east side of Jaboneria Road between Quinn Street and Muller Street;

14. The east side of Emil Avenue from a point seven hundred seventeen (717) feet of the prolongation of the east curb of Florence Place to the north ending at Suva Elementary School;

15. The west side of Emil Avenue from a point six hundred seventy (670) feet of the prolongation of the west curb of Suva Elementary School to Florence Place;

16. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;

17. The south side of Florence Place from Garfield Avenue to Florence Avenue;

18. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;

19. The west side of Eastern Avenue from a point of one hundred thirty (130) feet of the west side prolongation of the west curb line of Jaboneria Road to a point two hundred eighty (280) feet southerly thereof;

20. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;

21. The east side of Eastern Avenue from a point seven hundred twenty-five (725) feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;

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22. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;

23. The east side of Eastern Avenue between the points five hundred forty-five (545) feet and six hundred twenty-five (625) feet north of the prolongation of the north curb of Florence Avenue;

24. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;

25. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;

26. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street; and

27. The north side of Cecilia Street from a point sixth (60) feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof; and

28. On the north side of Agra Street from a point four hundred forty (440) feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481) feet westerly thereof.

B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

1. The north side of Florence Avenue from a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.

C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:

1. The south side of Florence Avenue from a point one hundred twenty-five (125) feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.

D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:

1. The north side of Florence Avenue from a point ninety (90) feet east of the

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prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.

E. Two-hour parking at all times:

1. The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.

F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:

1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;

2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;

3. The east side of Eastern Avenue from a point two hundred (200) feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;

4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street; and

5. The east side of Ira Avenue from a point of seventy (70) feet of the east side prolongation of the east side prolongation of the east curb line of Florence Avenue to a point of one hundred seventy-two (172) feet northerly thereof.

III. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:

A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall;

B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.; and
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Golf Course during the posted hours of operation.

IV. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section

13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours

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of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.

A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:

1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.

B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:

1. All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.

C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The east side of Eastern Avenue from north City limit to south City limit.

D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:

1. The west side of Eastern Avenue from north City limit to south City limit.

E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;

2. Both sides of Eastern Avenue;

3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street; and

4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof.

V. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:

A. Commercial loading and unloading (yellow curb)

1. The north side of Cecilia Street from a point twenty-five (25) feet west of the

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prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;

2. The south side of Quinn Street from a point three hundred forty-five (345) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;

3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;

4. The south side of Scout Avenue from a point one hundred ninety (190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;

5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty- five (255) feet northerly thereof;

6. The west side of Ira Avenue from a point sixty nine (69) feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91) feet southerly thereof to be in effect from 8:00am to 6:00pm except Saturdays, Sundays and Holidays; and

7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty-eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy-eight (278) feet southerly thereof.

B. Passenger loading and unloading (white curb)

1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;

3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;

4. The south side of Quinn Street from a point one hundred ninety (190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;

5. The south side of Quinn Street from a point three hundred eighty-five (385) feet

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west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;

6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;

7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;

8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;

9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;

10. The west side of Jaboneria Road from a point one hundred seventy-two (172) feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;

11. The north side of Loveland Street from a point twenty-seven (27) feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;

12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;

13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;

14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;

15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof;

16. The east side of Garfield Avenue from a point three hundred seventy-five (375) feet north of the northern prolongation of Florence Avenue to a point eight hundred fifty (850) feet northerly thereof;

17. The east side of Perry Road from a point two hundred eighty eight (288) feet north

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of the prolongation of the east curb line of Florence Avenue to a point three hundred forty one (341) feet northerly thereof;

18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty-eight (238) feet southerly thereof;

19. The east side of Ira Avenue from a point two hundred sixty-two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof;

20. The north side of Cecilia Street from a point one hundred and fifty-four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;

21. The south side of Florence Place from a point two hundred eighty-eight (288) feet east of the east prolongation of Perry Road to a point three hundred thirteen (313) feet easterly thereof (Monday through Friday 7am to 6pm 6628 Florence Place);

22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof (without period designations, at all times);

23. On the north side of Agra Street from a point three hundred and sixty-three (363) feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523) feet westerly thereof;

24. The west side of Eastern Avenue from a point one hundred and seventy-seven (177) feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207) feet southerly thereof;

25. The north side of Florence Place from a point six hundred forty (640) feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840) feet easterly thereof; and

26. The north side of Live Oak Street from a point one hundred twenty-nine (129) feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty-nine (229) feet westerly thereof.

C. Twenty Minute Zone (green curb)

1. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish Avenue to a point eighty (80) feet westerly thereof;

2. The north side of Clara Street from a point eighty-five (85) feet west of the

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prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;

3. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

4. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty- seven (157) feet northerly thereof;

5. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;

6. The west side of Garfield Avenue from a point one hundred (100) feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;

7. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;

8. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;

9. The west side of Eastern Avenue from a point sixty-one (61) feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty-two (162) feet southerly thereof;

10. The north side of Clara Street from a point two hundred five (205) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;

11. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;

12. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;

13. The west side of Garfield Avenue from a point sixty one (61) feet south of the southern prolongation of Muller Street to a point one hundred one (101) feet southerly thereof;

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14. Request for green curb (20-minute parking) at 8045 Garfield Avenue (Garfield Market);

15. The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty- nine (339) feet easterly thereof;

16. The south side of Clara Street from a point three hundred and thirty-five (335) feet east of the eastern prolongation of Garfield Avenue to a point thirty-six (36) feet easterly thereof 6334 Clara Street;

17. On the left side of Lubec Street from a point twenty-five (25) feet east of the eastern prolongation of Jaboneria Road, to a point forty-five (45) feet easterly thereof;

18. The east side of Eastern Avenue from a point two hundred eighty-two (282) feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty-two (332) feet northerly thereof to be in effect from 9:00 a.m. to 6:00 p.m., except on Saturdays, Sundays and holidays;

19. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred forty- seven (147) feet northly thereof; and

20. The east side of Eastern Avenue a point four hundred fifty-five (455) feet from the prolongation of the north curb line Jaboneria to the point two hundred sixty-nine (269) feet northerly thereof to be in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and holidays.

D. Forty Minute Zone (green curb)

1. The east side of Eastern Avenue a point four hundred and twenty-three (423) feet from the prolongation of the north curb line of Clara to the point three hundred fifty- six (356) feet northerly thereof to be in effect from 8:00 a.m. to 6:00 p.m., except on Sundays and holidays.

E. Disabled Person Parking (blue curb)

1. The north side of Priory Street from a point seven hundred eighty-eight (788) east of the eastern prolongation of Jaboneria Road, to a point eight hundred and three (803) feet easterly thereof;

2. The south side of Agra Street from a point three hundred seventy-eight (378) feet of the west prolongation of Jaboneria Road to a point four hundred fifteen (415) feet westerly thereof;

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3. On the south side of Lanto Street from a point twenty-six (26) feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46) feet easterly thereof;

4. On the south side of Gotham Street from a point seventy-one (71) feet west of the western prolongation of Ira Avenue to a point ninety-one (91) feet westerly thereof (6142 Gotham St);

5. The south side of Fostoria Street from a point four hundred thirty (430) feet east of the east prolongation of Eastern Avenue to a point four hundred fifty (450) feet easterly thereof (5844 Fostoria St);

6. The east side of Ajax Avenue from a point five hundred sixty (560) feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580) feet northerly thereof (6536 Ajax Ave);

7. On the south side of Quinn Street from a point six hundred sixty-six (666) feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694) feet easterly thereof (BG Elementary);

8. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof (6113 ½ Gallant St);

9. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy-eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety-eight (298) feet southerly thereof;

10. The south side of Priory Street from a point four hundred thirty-seven (437) feet from the prolongation of the east curb line of Jaboneria Road to a point four hundred fifty five (455) feet easterly thereof;

11. The north side of Fostoria Street from a point five hundred thirty-nine (539) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred fifty-seven (557) feet westerly thereof;

12. The west side of Adamson Avenue from a point four hundred sixty-eight (468) feet from the prolongation of the south curb line of Lubec Street to a point four hundred eighty-eight (488) feet southerly thereof;

13. The east side of Eastern Avenue from a point five hundred sixty-one (561) feet from the prolongation of the north curb line of Jaboneria Road to a point five hundred eighty one (581) feet northly thereof; and

14. The north side of Like Oak Street from a point two hundred and seven (207) feet from the prolongation of the east curb line of Ira Avenue to a point two hundred and twenty two (222) feet easterly thereof.

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F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)

1. The north side of Florence Avenue from a point forty-two (42) feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof.

VI. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.

VII. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:

A. Any areas designated in Sections I. and IV. hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities

SUBJECT:Consideration of a Resolution Approving Memorandum of Understanding #MOUPAIBELG25000 with the Los Angeles County Metropolitan Transportation Authority for Collecting And Reporting Data for the National Transit Database for Reporting Year 2023 DATE: August 25, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute Proposition A Discretionary Incentive Grant Program Memorandum of Understanding for Collection and Reporting Data for the National Transit Database for Reporting Year 2023, Number MOUPAIBELG25000.

BACKGROUND/DISCUSSION:

On November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes. The Los Angeles County Metropolitan Transportation Authority (LACMTA) is the designated Regional Transportation Planning Agency for Los Angeles County with authority to program and fund local transit services. On September 26, 2001, LACMTA authorized payment of Proposition A Discretionary Incentive funds to cities, such as Bell Gardens (City), that operate locally funded fixed-route and Dial-A-Ride transit services in Los Angeles County and participate in the National Transit Database (NTD) Voluntary Reporting Program. Each participating agency is paid dollar-for-dollar for what their service generates for the Los Angeles County region, minus the cost of an audit.

Rather than having each city report data directly to the Federal Transit Administration (FTA), LACMTA submits a consolidated NTD report to the FTA on behalf of 45+ cities.

The data submitted by each of the local operators generates additional Urbanized Area Formula Funding Program (49 U.S.C. § 5307) capital funds to the region. Once Congress apportions the funds, LACMTA enters into a memorandum of understanding with each respective city to issue payment for their share of the revenues generated for the Los Angeles County region. The funding amount is determined as described in Article 3.0 of the attached Memorandum of Understanding for Collecting and Reporting Data for the NTD (MOU).

The overall reporting process and local and federal funding practices with this program lags behind several years which is the reason why the City would be receiving funds in 2025 for the MOU that covers Report Year 2023. The City’s contracted transportation

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service provider, Parking Company of America, prepares all NTD documentation and reports for this program and goes through the audit with City and LACMTA staff annually.

The local funds received through NTD reporting must be spent in accordance with Proposition A and C Local Return Guidelines adopted by the LACMTA Board, as described in Article 4.3 of the MOU.

CONCLUSION:

Adoption of the attached Resolution will allow the City Manager to execute the MOU and in exchange, the City will receive transportation funding.

FISCAL IMPACT:

The City will receive a payment of $85,644 for its participation in the NTD program for Reporting Year 2023.

APPROVED ELECTRONICALLY BY:

Michael B. O’Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PROPOSITION A DISCRETIONARY INCENTIVE GRANT

PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING

AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE
FOR REPORTING YEAR 2023, NUMBER MOUPAIBELG25000

WHEREAS, On November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent (1/2 %) sales tax for public transit purposes; and

WHEREAS, On September 26, 2001, the Los Angeles County Metropolitan Transportation Authority (LACMTA) authorized payment of Proposition A Discretionary Incentive funds to cities participating in the National Transit Database (NTD) Voluntary Reporting Program in an amount equal to the Federal funds generated for the region by each agency’s reporting data; and

WHEREAS, the City of Bell Gardens would like to participate in the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database (NTD) Program; and

WHEREAS, the City of Bell Gardens would like to enter into Proposition A Discretionary Incentive Grant Program Memorandum of Understanding for Collecting and Reporting Data for the National Transit Database for Reporting Year 2023, Number MOUPAIBELG25000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF BELL GARDENS as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.

SECTION 2. The City Council hereby authorizes the City Manager to execute Proposition A Discretionary Incentive Grant Program Memorandum of Understanding for Collection and Reporting Data for the National Transit Database for Reporting Year 2023, Number MOUPAIBELG25000.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]

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Resolution No. 2025-80

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PASSED, APPROVED and ADOPTED this 25th day of August, 2025.

THE CITY OF BELL GARDENS

___________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-80

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AYES:

NOES:

ABSTAIN:

ABSENT: __________________________
Daisy Gomez
City Clerk

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MOUPAIBELG25000

PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM

MEMORANDUM OF UNDERSTANDING

FOR COLLECTING AND REPORTING DATA FOR THE

NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2023

This Memorandum of Understanding (MOU) is entered into as of June 1, 2025 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Bell Gardens (the “City”).

WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and

WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and

WHEREAS, at its June 27, 2024 meeting, LACMTA approved the Fiscal Year FY 2024-25 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2022-23; and

WHEREAS, the City has voluntarily submitted their FY2022-23 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and

WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2022-23 Report Year (the “Project”); and

WHEREAS, on May 5, 2025, the Federal Transit Administration (FTA) published in the Federal Register the FY 2024-25 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and

WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.

NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:

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ARTICLE 1. TERM

1.0 This Memorandum of Understanding (“MOU”) will be in effect from June 1, 2025, through June 30, 2028 at which time all unused funds shall lapse.

ARTICLE 2. STANDARDS

2.0 To receive payment for the submittal of the FY 2022-23 NTD statistics, the City warrants that it:

A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;

B. Prepared and submitted the FY 2022-23 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the NTD on or before October 31, 2023;

C. Prepared and submitted the FY 2022-23 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before February 15, 2024;

ARTICLE 3. PAYMENT OF FUNDS TO CITY

3.0 LACMTA shall pay the City for collecting and reporting FY 2022-23 NTD statistics.

LACMTA shall pay the City for submitting the FY 2022-23 ANNUAL NTD REPORT for the applicable transit services as follows:

MOTOR BUS SERVICE
For City’s motor bus service, LACMTA shall pay an amount equal to the 98,902 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.686483228324693 per revenue vehicle mile. See Attachment A for detail.

DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 25,856 revenue vehicle miles reported by the City multiplied by the FTA unit value of

0.686483228324693 per revenue vehicle mile. See Attachment A for detail.

3.1 The City shall submit one invoice to LACMTA prior to June 30, 2028, in the amount of $85,644 to receive its payment described above.

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3.2 INVOICE BY CITY:

Send invoice with supporting documentation to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]

Re: LACMTA MOU# MOUPAIBELG25000 M.S. Chelsea Meister (99-21-3)

ARTICLE 4. CONDITIONS

4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.

4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.

4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.

4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.

4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.

ARTICLE 5. REMEDIES

5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.

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ARTICLE 6. MISCELLANEOUS

6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.

6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.

ARTICLE 7. CONTACT INFORMATION

7.0 LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)
[email protected]

7.1 City’s Address:

Bell Gardens
8327 S. Garfield Ave
Bell Gardens,CA 90201
Attn: Bernardo Iniguez
[email protected]

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IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:

CITY:

City of Bell Gardens Los Angeles County Metropolitan Transportation Authority

_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer

Date: ____________________ Date: _______________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

By: _____________________ By: ____________________
Legal Counsel Deputy

Date: ____________________ Date: __________________

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ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY '22
Using FY '24 FTA Formula Programs Apportionment Data Unit Values Jurisdiction MODE
Total Vehicle
Revenue Miles
Total Passenger
Miles
Total Operating
Costs $ from VRM $ from OPCOST Total Generated
Total ($)Due to
Jursd Before Tier
2 Deduction
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Glendale MB 870,564 1,065,127 10,532,283 597,627.59 6,185 603,812$ 603,812 (88,358) 515,454 Pasadena MB 656,127 1,849,723 7,691,950 450,420.18 25,540 475,960$ 475,960 (69,649) 406,311 LADOT COMMUNITY DASH MB 4,105,129 13,087,675 41,375,202 2,818,102 237,696 3,055,798$ 3,055,798 (447,165) 2,608,633 LADOT DEPARTMENT OF AGING DR 237,760 292,252 4,242,341 163,218 1,156 164,374$ 164,374 164,374 Total LADOT 4,342,889 13,379,927 45,617,543 2,981,320 238,852 3,220,173$ 3,220,173$ (447,165)$ 2,773,007$ - -
Total NTD 5307 Funds 5,869,580 16,294,777 63,841,776 4,029,368 270,577 4,299,945 4,299,945 (605,172) 7,994,717 -
FY25 Revenue Mile Rate
FY25 Passenger Mile Rate

0.6864832

0.0574166
Pa
g
e

1 0
7 o
f

2 1
8 ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY22
Using FY24 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
Total ($)Due to
Jurisdiction
Alhambra MB 158,987 109,141.91 109,142 Alhambra DR 98,869 67,871.91 67,872 Artesia DR (DT)4,712 3,234.71 3,235 Azusa DR 56,416 38,728.64 38,729 Baldwin Park MB 183,638 126,064.41 126,064 Baldwin Park DR 26,715 18,339.40 18,339 Bell TD
Bell MB 33,271 22,839.98 22,840 Bell DR 16,347 11,221.94 11,222 Bellflower MB 71,986 49,417.18 49,417 Bellflower DR 14,205 9,751.49 9,751 Bell Gardens MB 98,902 67,894.56 67,895 Bell Gardens DR 25,856 17,749.71 17,750 Burbank MB 216,013 148,289.30 (21,700) 126,590 Calabasas MB 86,082 59,093.85 59,094 Calabasas DR 3,852 2,644.33 2,644 Carson MB 28,100 19,290.18 19,290 Carson TN
Carson DR 71,628 49,171.42 49,171 Cerritos MB 99,328 68,187.01 68,187 Cerritos DR 40,026 27,477.18 27,477 Compton MB 179,908 123,503.82 123,504 Compton DR 110 75.51 76 Covina DR 47,348 32,503.61 32,504 Cudahy MB 33,109 22,728.77 22,729 Cudahy DR 10,947 7,514.93 7,515 Downey MB 101,069 69,382.17 69,382 Downey DR 40,311 27,672.83 27,673 Duarte MB
El Monte MB 221,914 152,340.24 152,340 El Monte DR 60,076 41,241.17 41,241 Glendora MB 40,735 27,963.89 27,964 Glendora DR 39,545 27,146.98 27,147 Huntington Park MB 130,598 89,653.34 89,653 Huntington Park DT 42,309 29,044.42 29,044 LACDPWAvocado MB 39,286 26,969.18 26,969 LACDPWELA MB 211,455 145,160.31 145,160 LACDPWELA DR 39,971 27,439.42 27,439 LACDPWEast Valinda MB 44,182 30,330.20 30,330 LACDPWKing Medical MB 33,586 23,056.23 23,056 LACDPWWillowbrook Shuttle MB 70,091 48,116.30 48,116 LACDPWS.Whittier MB 183,982 126,300.56 126,301 LACDPWAthens MB 36,912 25,339.47 25,339 LACDPWLennox MB 27,669 18,994.30 18,994 LACDPWFloranceFirestone MB 58,082 39,872.32 39,872 Lakewood DR 54,228 37,226.61 37,227 Lawndale MB
Lynwood MB 140,961 96,767.36 96,767 Malibu DT 2,764 1,897.44 1,897 ManhattanBeach DR 23,747 16,301.92 16,302 Maywood MB 32,291 22,167.23 22,167 Maywood DR 15,175 10,417.38 10,417 MontereyPark MB 116,534 79,998.64 79,999 MontereyPark DR 24,919 17,106.48 17,106 Pico Rivera DR 17,166 11,784.17 11,784 Rosemead MB 100,780 69,183.78 69,184 Rosemead DR 38,611 26,505.80 26,506 Santa Fe Springs DR 14,694 10,087.18 10,087 South Gate MB 114,106 78,331.86 78,332 South Gate DT 116,358 79,877.59 79,878 SouthPasadena DR 27,187 18,663.42 18,663 WestCovina MB 141,973 97,462.08 97,462 WestCovina DR 44,452 30,515.55 30,516 West Hollywood MB 114,998 78,944 78,944 Total 4,054,074 2,783,054 (21,700) 2,761,354 FY25 Revenue Mile Rate 0.68648
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023
DID NOT REPORT FOR 2023

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities SUBJECT:Consideration of a Resolution Approving a Purchase Order Agreement with Camino Real Chevrolet for the Purchase of a 2024 Chevrolet Pick-up Truck
DATE: August 25, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution approving a Purchase Order Agreement with Camino Real Chevrolet for the purchase of a 2024 Chevrolet pick-up truck pursuant to Bell Gardens Municipal Code Section 3.04.100(A).

BACKGROUND/DISCUSSION:

The Public Works Department is requesting the replacement of one (1) vehicle that has reached the end of its useful life. Due to its age, maintenance of the existing vehicle is cost prohibitive. The City’s 2010 Ford Escape Hybrid (Vehicle No: P-1) is in service, is over 15 years old, and in deteriorating condition. The vehicle’s suspension system, chassis and frame are no longer suited for transporting crew’s materials and equipment on a routine basis.

The City initially attempted to purchase the required vehicles using the Bell Gardens Municipal Code Section 3.04.100(E) exception to the City’s purchasing policy. In November 2024, the Public Works Department obtained quotes from National Auto Fleet Group through Sourcewell. However, the manufacturer stopped production for 2025 models during that time, thus voiding the quotes that the City had initially obtained.

National Auto Fleet Group indicated that the City could request quotes in Spring 2025 with a two percent (2%) increase in vehicle pricing and that manufacturing lead time exceeded six (6) months.

In an effort to secure lower vehicle pricing the City then issued a Request for Quotation (RFQ) for three (3) 2025 Chevrolet pick-up trucks, which included two (2) Chevrolet Silverado 2500 Regular Cab Vehicles 2WD; and one (1) Chevrolet Silverado 1500 Regular Cab Vehicle 2WD, with specific 3rd party equipment upfitting. The RFQ was published in the adjudicated newspaper on February 20, 2025, and February 27, 2025.

Quotations were due on March 13, 2025. However, no bids were received.

Public Works completed the purchase of one (1) Chevrolet Silverado 2500 Regular Cab and one (1) Chevrolet Silverado 1500 Regular Cab in July 2025 after City Council approval. The purchase of the third truck remained unknown due to low stock.

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Sole Source Purchasing Procedure
Given its multiple unsuccessful attempts to procure the vehicle, staff is now recommending the City Council approve the purchase of the third vehicle using Bell Gardens Municipal Code Section 3.04.100(A), which allows for the purchase of equipment if the equipment is available from one source, or if bidding is not likely to result in the lowest price. Public Works obtained a quote from Camino Real Chevrolet located in the City of Monterey Park, which has one (1) 2024 Chevrolet pick-up truck in stock and provided the following pricing:
2024 Chevrolet Silverado 2500 Regular Cab, automatic, with specific 3rd party equipment upfitting
$57,835.70
Upon delivery, this new vehicle will be assigned to the Public Works Parks/Facilities Division for routine maintenance and park projects.

CONCLUSION:

If the attached Resolution is adopted, staff will process and issue a purchase order to procure a 2024 Chevrolet Pick-up Truck.

FISCAL IMPACT:

The purchase of the pick-up truck totals $57,835.70, including upfitting, taxes and additional fees. The City’s FY 2025-2026 budget includes sufficient funds for the purchase of the pick-up truck for the Public Works Parks/Facilities Division.

APPROVALS:

Michael B. O’Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PURCHASE ORDER

AGREEMENT WITH CAMINO REAL CHEVROLET FOR THE
PURCHASE OF A 2024 CHEVROLET PICK-UP TRUCK
WHEREAS, the City of Bell Gardens (“City”) Public Works Department needs to replace a vehicle as it has reached the end of its useful life; and WHEREAS, pursuant to Section 3.04.080 of the Bell Gardens Municipal Code (“BGMC”) requires a formal purchasing procedure be followed for the purchase of supplies, equipment, and services over $10,000; and
WHEREAS, the City attempted to procure the vehicle through a cooperative purchasing agreement, as permitted under BGMC Section 3.04.100(E) however, the procurement was unsuccessful; and
WHEREAS, the City then attempted to purchase the vehicle due for replacement by issuing a Request for Quotation but did not receive any quotes; and WHEREAS, pursuant to BGMC Section 3.04.100(A), the purchasing policy may be dispensed when the City Council finds that such equipment is unique because of their availability or fitness for a particular use and are available only from one source, or if available from more than one source, bidding is not likely to result in the lowest price; and WHEREAS, the City obtained a quote from Camino Real Chevrolet for a vehicle; and WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into a Purchase Order Agreement with Camino Real Chevrolet for the purchase of a 2024 Chevrolet Pick-up Truck for a total of $57,835.70
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with Section

3.04.100(A) of the Bell Gardens Municipal Code.

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Resolution No. 2025-81
2 of 3
SECTION 3. The City Council hereby approves a Purchase Order Agreement with Camino Real Chevrolet for the purchase of a 2024 Chevrolet Pick-up Truck for a total of $57,835.70
SECTION 4. The City Council further authorizes the City Manager to execute any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 25th day of August, 2025.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-81
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

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CITY OF BELL GARDENS
7100 S. GARFIELD AVE
BELL GARDENS, CA 90201
(562) 806-7700

DATE PO NUMBER
Account Number Amount Account Number Amount

SUBTOTAL
TAX

FREIGHT
TOTAL
Quantity Unit Description Unit Price Ext. Price
BILL TO:

VENDOR: SHIP TO:

FOB Point:

Terms:

Req. Del. Date:

Special Inst:

Req. No.:

Dept.:

Contact:

Confirming?

PUBLIC WORKS

8327 S GARFIELD AVENUE
BELL GARDENS, CA 90201

net 30
1 Page 1 /

VENDOR COPY Authorized Signature

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TERMS AND CONDITIONS

1. DEFINITIONS: The phrase “City of Bell Gardens” shall mean the governing body of the City of Bell Gardens, or any department thereof, hereinafter called the “City.”

2. ACCEPTANCE OF PURCHASE ORDER: This purchase order constitutes City’s offer to Vendor and shall become a binding contract upon the terms and conditions set forth herein upon acceptance by Vendor either by acknowledgment or commencement or performance. No charges for transportation, unloading, containers, packing, etc., will be allowed unless specified in vendor's quotation

3. DATA AND FACILITIES: Vendor represents that he now has or can readily procure without assistance of the City all data, facilities, machinery and equipment necessary for the performance of this purchase order.

4. CASH DISCOUNT: The date used as the basis for cash discount calculation is the date the Articles are received or the date an acceptable invoice is received, whichever is later.

5. PACKING AND SHIPPINGS: Deliveries shall be made as specified without charge for boxing, crating, carting, or storage unless otherwise specified, and Articles shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such manner as to assure against damage from weather or transportation.

6. TAXES: Vendor shall separately state on all invoices any taxes imposed by federal or state government applicable to furnishing of the articles; provided, however, where a tax exemption is available, such tax shall be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable by the City.

7. PRICES: Vendor represents that the prices quoted to or paid by City shall not exceed current prices charged to any other customer of Vendor for items which are the same or substantially similar to the articles, taking into account the quality under consideration, and Vendor will forthwith refund any amounts paid by City in excess of such price.

8. WARRANTY: Vendor warrants that all Articles will conform to applicable specifications, drawings, descriptions and samples, and will be merchantable, of good workmanship and material, and free from defect.

9. CHANGES: City shall have the right by written notice to change the extent of the work covered by the contract, the drawings, specifications, or other description herein, the time, method or place of delivery or the method of shipment or packaging or to suspend work. Upon receipt of any such notice, Vendor shall proceed promptly to make the changes in accordance with the terms of the notice. If any such change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment shall be negotiated promptly, and the contract modified in writing accordingly. Vendor shall deliver to City as promptly as possible, and in any event within thirty (30) days after receipt of change notice, a statement showing the effect of any such change in the delivery dates and prices, such statement to be supplemented within thirty (30) days from the date thereof by detailed specification of the amount of the price adjustment and supporting cost figures. Failure of Vendor to submit the statements within the time limits stated shall constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.

10. TERMINATION: In the event Vendor fails to comply with any term or condition of this agreement or fails to provide the supplies or services in the manner agreed upon by the parties, this failure shall constitute a breach of the agreement. City at its sole discretion shall either notify the Vendor that it must cure this breach within 15 days of notice of breach or provide written notification of its intention to terminate this agreement. City reserves the right to terminate this agreement for its convenience and will reimburse Vendor for actual costs incurred in performance of this agreement through the effective date of termination.

11. DEFAULT: City may, by written notice to Vendor, cancel for default this contract, in whole or from time to time in part, (1) if the Vendor fails to deliver the Articles or to perform the services strictly within the time specified herein, of if no time is specified, within a reasonable time; (2) if the Articles delivered do not conform to contractual requirements or if Vendor fails to perform any of the other provisions of the contract, or so fails to make progress as to endanger performance of the contract in accordance with its terms; or (3) if the Vendor becomes insolvent or commits an act of bankruptcy. If this contract is cancelled for default, City in addition to all other rights afforded by law for Vendor's breach of contract, shall have the right to charge Vendor the amount by which the costs of fabricating or procuring the Articles cancelled from another source exceed the prices specified herein, and City may set off any such charge against any amounts which may become payable to Vendor under the contract or otherwise. Upon such cancellation Vendor will deliver to City any of the Articles, parts or materials, for which City shall make written request at or after cancellation and City will pay Vendor the fair value of any such property so requested and delivered.

12. ASSIGNMENT OF CONTRACT: None of the sums due or to become due nor any of the work to be performed under this contract shall be assigned nor shall Vendor subcontract for completed or substantially completed Articles or major components thereof without City’s prior written consent.

13. INDEMNITY: Vendor agrees to defend, indemnify and hold harmless the City, its elected officials, officers, agents, employees and volunteers, at Vendor's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Vendor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this contract. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Vendor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Vendor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Vendor, its employees, and/or authorized subcontractors under this contract, whether or not the Vendor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Vendor's Proposal, which shall be of no force and effect.

14. WAIVERS: The failure of the City to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this contract, or to exercise any right hereunder shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Vendor with respect to such future performance shall continue in full force and effect.

15. EQUAL EMPLOYMENT OPPORTUNITY: The Vendor affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Vendor will ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national origin. Such policy of the Vendor shall apply, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layout or termination rates of pay or other forms of compensation and selection for training, including apprenticeship.

16. PREVAILING WAGES. For public projects. Vendor shall comply with Prevailing Wage Requirements. Pursuant to sections 1720 through 1861 of the California Labor Code.

17. INSURANCE: Vendor shall obtain and maintain during the performance of any services under this contract the following insurance coverage issued by a company satisfactory to the City Attorney, the requirement that Vendor obtain and maintain such insurance coverage.

17.1. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $ 1,000.000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 2010 ed), with no special limitations affecting City.

17.2. Business/Commercial automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA 001, including Symbol 1 (any auto)), with no special limitations affecting City.

17.3. Workers' compensation insurance in compliance with the laws of the State of California, including employer's liability insurance in an amount not less than $1,000,000 per claimant.

17.4. Vendor shall not commence work under this contract until it has obtained City approved insurance. Before beginning work hereunder, during the entire period of this contract, for any extensions hereto, and for periods after the end of this contract as may be indicated below, Vendor must have and maintain in place all of the insurance coverages required by City. Vendor's insurance shall comply with all items specified by this contract.

Any subcontractors shall be subject to all the requirements of this section and Vendor shall be responsible to obtain evidence of insurance from each subcontractor and provide it to City before the subcontractor commences work. Alternatively, Vendor's insurance may cover all subcontractors.

18. BUSINESS LICENSE. For any work done within the City, Vendor shall obtain, prior to issuance of a PO, and maintain a valid business license from City.

19. GOVERNING LAW. This contract shall be governed by the laws of the State of California.

In the event of litigation between the City and the Vendor, the prevailing party shall be entitled to reasonable attorneys' fees and costs incurred based on comparable fees of private attorneys practicing in Los Angeles County.

20. COMPLIANCE WITH LAW: Vendor shall in the performance of the contract comply with all applicable laws, regulations, ordinances, proclamations, demands and requisitions of the City of Bell Gardens or State of California.

21. ENTIRE AGREEMENT. This contract contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this contract which are not fully expressed herein. If the attachments or exhibits to this contract, if any, are inconsistent with this contract, this contract shall control.

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT:Consideration of a Resolution Approving an Equipment Procurement Agreement with Defiant Strength, Inc. for the Purchase and Delivery of Equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room
MEETING DATE: August 25, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council by motion, adopt the attached Resolution approving an Equipment Procurement Agreement with Defiant Strength, Inc. for the purchase and delivery of equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room for a total amount of $58,795.

BACKGROUND/DISCUSSION:

The construction plans for the John Anson Ford Park Regional Aquatics Center included a fitness room which will allow for various pieces of workout equipment including cardio machines, strength machines and free weights. It is the city’s responsibility to purchase and install the equipment for the fitness room. In order to expedite the procurement of fitness equipment, staff researched Cooperative Purchasing Agreements through Sourcewell.

Cooperative Purchasing through Sourcewell
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.

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solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario- Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services. Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users. Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. The City of Bell Gardens is a participating entity and therefore able to procure fitness equipment through Sourcewell’s cooperative purchasing contracts.

On March 21, 2024, Sourcewell released a Request for Proposals for Athletic and Physical Education Equipment with Related Supplies, RFP #050924. On April 30, 2024, Defiant Strength, Inc. (Defiant) submitted a proposal and on July 10,2024, Sourcewell awarded a contract and entered into an agreement with Defiant. Recreation and Community Services staff obtained a quote from Defiant under their contract for the purchase and delivery of fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room for a total purchase price of $58,795.

The installation of the fitness equipment will be handled by Public Works staff; therefore, there are no labor costs from Defiant.

CONCLUSION:

Recreation and Community Services staff sought a quote from Defiant Strength, Inc. through the Sourcewell for fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room. If the attached resolution is adopted, staff will process the agreement with Defiant for the procurement and delivery of the fitness equipment.

FISCAL IMPACT:

The agreement with Defiant Strength, Inc. for the purchase and delivery of fitness equipment will be for a total amount of $58,795. The City’s FY 2025-26 budget includes sufficient funds to cover this expenditure.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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1 of 3
RESOLUTION NO. 2025-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AN AGREEMENT BY AND

BETWEEN THE CITY OF BELL GARDENS AND DEFIANT STRENGTH,
INC. FOR THE PURCHASE AND DELIVERY OF EQUIPMENT FOR THE

FITNESS ROOM
WHEREAS, under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City’s purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell (formerly National Joint Powers Alliance NJPA) is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on March 21, 2024, Sourcewell released a Request for Proposals for Athletic and Physical Education Equipment with Related Supplies, RFP #050924 (“Sourcewell RFP”); and
WHEREAS, on April 30, 2024, Defiant Strength, Inc. submitted a proposal in response to the Sourcewell RFP; and
WHEREAS, on July 10, 2024, Defiant Strength, Inc. and Sourcewell entered into Contract Number 050924-DFT (hereinafter, “Sourcewell Contract”) with an effective date of July 10, 2024, and expiration date of July 15, 2028; and WHEREAS, the City of Bell Gardens (“City”) is a member of Sourcewell and membership entitles the City to access competitively bid national contracts; and WHEREAS, the City requires the purchase and delivery of equipment for the fitness room; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires to enter into an agreement with Defiant Strength, Inc. for the purchase and delivery of equipment for the fitness room under Sourcewell Contract Number 050924-DFT for a total cost of $58,795.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, finds

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2 of 3
that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.

SECTION 3. The City Council hereby approves an agreement with Defiant Strength, Inc. for the purchase and delivery of equipment for the fitness room for a total cost of $58,795.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Defiant Strength, Inc. consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

PASSED, APPROVED, and ADOPTED this 25th day of August, 2025.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
Attorney City

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Resolution No. 2025-82
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________ was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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1 2025

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Purchase and Delivery of Fitness Equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room)
(Parties: City of Bell Gardens and Defiant Strength, Inc.)

THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, “Agreement”) is made and entered into this day of 2025, by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and DEFIANT STRENGTH, INC. (hereinafter, “Vendor”). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Vendor interchangeably.

RECITALS

WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and

WHEREAS, City requires the purchase and delivery of new fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room; and

WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, “Section 3.04.100”), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and

WHEREAS, on March 21, 2024, Sourcewell (hereinafter, “Sourcewell”) issued a Request for Proposals for Athletic and Physical Education Equipment with Related Supplies, RFP #050924 (hereinafter, “Sourcewell RFP”); and

WHEREAS, on April 30, 2024, Vendor submitted a proposal; and

WHEREAS, on July 10, 2024, Vendor and Sourcewell entered into Contract Number 050924-DFT (hereinafter, “Sourcewell Contract”) with an effective date of July 10, 2024, and expiration date of July 15, 2028; and

WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and

WHEREAS, the City as a public agency will be able to utilize Vendor’s cooperative agreement with Sourcewell, to purchase directly from Vendor; and

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2 WHEREAS, City desires to enter into an agreement with Vendor for the purchase and delivery of new fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room, upon the conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Vendor, agree as follows:

Section 1. DESCRIPTION OF MATERIALS AND SERVICES

A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and deliver new fitness equipment for the John Anson Ford Park Regional Aquatics Center Fitness Room as described in Vendor’s “Defiant Strength Quote #20250716-102342948” dated July 16, 2025 (hereinafter, the “Estimate”), which is attached and incorporated hereto as Exhibit “A”. For purposes of this Agreement, the capitalized term “Equipment” shall refer to the purchase and delivery of the fitness equipment as listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Equipment listed in the Estimate shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Equipment shall, in all respects, meet the specifications for identical Equipment set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as “Sourcewell Documents”). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit “B”.

B. Vendor’s performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery of the Equipment until such time as City issues a written notice to proceed (hereinafter, the “Notice to Proceed”) with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery of the Equipment to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Equipment to the location(s) specified by the City Representative. City shall in no way be responsible for undertaking the delivery of the Equipment with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor’s personnel with training, tools or equipment required to deliver the Equipment. The Equipment shall be delivered on or before September 30, 2025.

D. The Equipment delivery shall be subject to inspection by City and may be rejected by City if the Equipment does not meet the specifications called for under this Agreement or is otherwise defective. The Equipment delivery shall be considered

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3 accepted upon City’s issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of the Equipment which does not meet the required specifications or is defective and the cost of returning and replacing the Equipment shall be borne solely and exclusively by Vendor. At City’s option, Equipment that is rejected and returned by City shall be promptly replaced by Vendor or the cost of such Equipment shall be credited or refunded to City. No payment shall be required until replacement is complete.

Vendor shall replace any and all Equipment lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor’s sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Equipment delivery as may be necessary to ensure that the Equipment delivery is performed in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Equipment delivery is performed in accordance with the established specifications.

E. City’s acceptance of the Equipment delivery shall be conditioned upon the final inspection by City, as specified under Section 5 of this Agreement, below, to ensure that the Equipment delivery satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Equipment which is determined to be damaged, defective or other non-compliant with such specifications.

F. Coordinated Equipment will take place during the standard business hours.

Section 2. STANDARD OF CARE

A. Vendor represents, acknowledges and agrees as follows:

1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor’s field;

2. Vendor shall perform all work in a manner reasonably satisfactory to the City;

3. Vendor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);

4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess sufficient skill, knowledge,

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4 training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement .

The Parties acknowledge and agree that Vendor’s acceptance of any work performed by or on Vendor’s behalf shall not constitute a release of any defects or damage to the Equipment undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and ag ree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES

A. City Representative. For the purposes of this Agreement, the Agreement administrator and City’s representative shall be the Director of Recreation and Community Services (hereinafter, the “City Representative”). It shall be Vendor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

B. Vendor Representative. For the purposes of this Agreement, Shane Hensley, Managing Director, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor’s performance under this Agreement and to make all decisions in connection therewith (the “Vendor Representative”). Notice to the Vendor Representative shall be written to constitute notice to Vendor.

Section 4. VENDOR’S PERSONNEL

A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and

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5 compliance with all reasonable performance standards established by City.

C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, Vendor shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.

D. Vendor shall be responsible for payment of all employees’ and subcon tractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security .

E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. INSTRUCTION ON MAINTENANCE

City’s personnel in coordination with Vendor’s personnel shall have a period of thirty (30) calendar days from the date the Equipment is delivered to run performance tests of the Equipment in order to determine whether or not the Equipment meets specifications, is not damaged and is functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on maintenance of the Equipment and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance and upkeep of the Equipment. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Equipment shall be deemed accepted following the end of the 30 - day testing and instruction period. City’s issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Equipment delivery shall toll, the expiration of the 30-day testing and instruction period as to all Equipment.

Section 6. WARRANTIES

Vendor shall extend to City all such warranties for the Equipment provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 2(B) of the Sourcewell Contract.

Section 7. COMPENSATION

A. Compensation. Vendor shall sell and deliver the Equipment as referenced in the Estimate at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical services under the Sourcewell Documents. The foregoing notwithstanding, in no event may Vendor’s total aggregate compensation for the sale and delivery of the Equipment exceed the aggregate sum of FIFTY-EIGHTY

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6 THOUSAND SEVEN HUNDRED NINETY-FIVE DOLLARS ($58,795)
(hereinafter, the “Not-to-Exceed Amount”).

Section 8. [Reserved – No Text]

Section 9. [Reserved – No Text]

Section 10. PROHIBITED INTERESTS

Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. INDEPENDENT CONTRACTOR

Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of C ity and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.

Section 12. RECORDS AND INSPECTION

Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.

Section 13. CONFLICTS OF INTEREST

Vendor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Vendor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct whi ch would constitute a conflict of interest under any City ordinance, state law or federal statute. Vendor agrees that a clause substantially similar to this Section shall be

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7 incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 14. INDEMNIFICATION

Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action to the extend caused by the acts or omissions of Vendor and to the same extent afforded the Sourcewell, Sourcewell’s officials, commissioners, officers, agents, employees and volunteers.

Section 15. INSURANCE

Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.

Section 16. MUTUAL COOPERATION

A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.

B. In the event any claim or action is brought against C ity relating to Vendor performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.

Section 17. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE

A. Termination for Convenience. Prior to the issuance of City’s written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Equipment, without cause, without liability and free of any charge or cost to City. After the City’s issuance of a written Notice to Proceed, City may terminate this Agreement for convenience and without cause upon fifteen (15) days of written notice to Vendor. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City’s termination of this Agreement for convenience, Vendor shall be compensated for such Equipment delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall

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8 specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 1 7(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Vendor’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Vendor, whether voluntary of involuntary; (iv) Vendor’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City’s discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Vendor shall cure the following Events of Defaults within the following time periods:

1. Within ten (10) calendar days of City’s issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or

2. Within fifteen (15) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for th e cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in the Surfacing specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a

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9 breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within thirty (30) calendar days of Vendor’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period.

The foregoing notwithstanding, an Event of Default dealing with C ity’s failure to timely pay any undisputed sums to Vendor shall be cured by City within thirty (30) calendar days from the date of Vendor’s Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Vendor’s performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor’s cure of any Event of Default by giving written notice of City’s intent to suspend Vendor’s performance (hereinafter, a “Suspension Notice”). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Vendor shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension.

No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

F. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

1. Upon fifteen (15) day written notice to Vendor, the City may terminate this Agreement in whole or in part;

2. Upon written notice to Vendor, the City may extend the time of performance;

3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor’s breach of the Agreement,

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10 obtain specific performance from Vendor or to terminate the Agreement; or

4. The City may exercise any other available and lawful right or remedy.

H. In the event City is in breach of this Agreement, Vendor’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Vendor be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.

I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. FORCE MAJEURE

Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City’s reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor’s costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor’s insurances.

Section 19. NOTICES

Any notices, bills, invoices, or reports required by this Agreemen t shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Vendor and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to VENDOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Director of Recreation and
Community Services

Defiant Strength, Inc.
6387 Windfern Road
Houston, TX 77040
Attn: Shane Hensley, Managing Director

Section 20. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

In the performance of this Agreement, Vendor shall not deny the contract’s benefits to any person on the basis of nor shall they discriminate unlawfully against any employee,

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11 subcontractor, or applicant for employment because of: race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, genetic information, gender, gender identity, gender expression, sexual orientation, or military and veteran status or other basis prohibited by law. Vendor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

Section 21. PROHIBITION AGAINST ASSIGNMENT

Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Vendor.

Section 22. ATTORNEY FEES

In the event that City or Vendor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 23. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreemen t and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between C ity and Vendor with respect to the subject matter herein. No other prior oral o r written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both City and Vendor.

Section 24. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 25. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

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12 Section 26. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to C ity approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

Section 27. CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the const ruction or interpretation of any provision herein.

Section 28. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirem ents of each party have been fulfilled to provide such actual authority.

Section 29. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Section 30. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

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13 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY OF BELL GARDENS DEFIANT STRENGTH, INC.

By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager

Date:_______________ Date:__________________

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney

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14 EXHIBIT “A”

ESTIMATE

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Quote
#20250716-102342948
Issued
July 16, 2025
Expires
October 14, 2025

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Products & Services
Deﬁant Strength Inc.
6387 Windfern Rd
Houston, TX. 77040
United States

Shane Hensley
Managing Director
833-245-1500
shane@deﬁantstrength.com

Prepared for
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
Elizabeth Nava
Director
[email protected]
+15628067650

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Description Model #Qty MSRP
Extended
Price
Spirit Fitness Commercial
CT900 Treadmill
900846 2 $7,999.00 $15,998.00
Spirit Fitness Commercial
Series CE900 Elliptical
Trainer
900046 2 $6,999.00 $13,998.00
Spirit Fitness Commercial
Series CSC900 Stair
Climber
900669 1 $9,999.99 $9,999.99
Spirit Fitness Commercial
Series CR900 Recumbent
Cycle
900146 1 $4,499.00 $4,499.00
TKO Strength &
Performance Signature
Series Leg Press Machine
7010-G2 1 $6,360.00 $6,360.00
TKO Strength &
Performance Signature
Series Multi-Press Machine
7060-G2 1 $5,010.00 $5,010.00
TKO Strength &
Performance Signature
Series Dual Leg
Extension/Leg Curl Combo
Machine
7062-G2 1 $4,860.00 $4,860.00
TKO Strength &
Performance Signature
Series Lat
Pulldown/Vertical Row
Combo Machine
7061-G2 1 $4,200.00 $4,200.00
TKO Strength &
Performance Signature
7063-G2 1 $4,200.00 $4,200.00

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Description Model #Qty MSRP
Extended
Price
Series Bicep Curl/Tricep
Extension Combo Machine
TKO Strength &
Performance Signature
Series Abdominal
Crunch/Back Extension
Combo Machine
7064-G2 1 $4,200.00 $4,200.00
TKO Strength &
Performance Smith
Machine, Black
872SM-
BK
1 $4,190.00 $4,190.00
TKO Strength &
Performance Functional
Trainer Dual Adjustable
Pulley System, Black
9050-BK 1 $5,360.00 $5,360.00
Deﬁant Strength Multi-
Angle Adjustable Bench
DS-936 2 $1,310.00 $2,620.00
TKO Strength &
Performance Barbell Rack
(5 Bar)
845BBR-
BK
2 $570.00 $1,140.00
TKO Strength &
Performance Ten Sided
Pro Rubber Dumbbells
5lbs-50lbs
829TR-
A10
1 $1,705.00 $1,705.00
TKO Strength &
Performance Olympic
Rubber Dual Grip Plate

2.5lbs
8030R-

2.5 4 $6.80 $27.20

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Description Model #Qty MSRP
Extended
Price
TKO Strength &
Performance Olympic
Rubber Dual Grip Plate
5lbs
8030R-5 4 $13.50 $54.00
TKO Strength &
Performance Olympic
Rubber Dual Grip Plate
10lbs
8030R-10 4 $22.00 $88.00
TKO Strength &
Performance Olympic
Rubber Dual Grip Plate
25lbs
8030R-
25 4 $55.00 $220.00
TKO Strength &
Performance Olympic
Rubber Dual Grip Plate
45lbs
8030R-
45 4 $121.50 $486.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased
Straight Barbell 20lbs
805TR-
20 1 $76.00 $76.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased
Straight Barbell 30lbs
805TR-
30 1 $119.00 $119.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased
Straight Barbell 40lbs
805TR-
40 1 $162.00 $162.00

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Description Model #Qty MSRP
Extended
Price
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased
Straight Barbell 50lbs
805TR-
50 1 $205.00 $205.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased
Straight Barbell 60lbs
805TR-
60 1 $248.00 $248.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased EZ
Curl Barbell 20lbs
807TR-
20 1 $76.00 $76.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased EZ
Curl Barbell 30lbs
807TR-
30 1 $119.00 $119.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased EZ
Curl Barbell 40lbs
807TR-
40 1 $162.00 $162.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased EZ
Curl Barbell 50lbs
807TR-
50 1 $205.00 $205.00
TKO Strength &
Performance Fixed Ten
Sided Rubber Encased EZ
Curl Barbell 60lbs
807TR-
60 1 $248.00 $248.00
Spirit Fitness ADA
Commercial Series 7.5S
Recumbent Stepper
775544 1 $6,799.99 $6,799.99

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Description Model #Qty MSRP
Extended
Price
Deﬁant Strength Pro-Style
2-Tier Dumbbell Rack
DS-952 1 $1,295.00 $1,295.00
Freight Freight 1 $6,416.85 $6,416.85
One-time subtotal $105,347.03
Direct Commercial Discount ($46,552.03)
Total $58,795.00
Standard Terms and Conditions
Taxes:

Prices exclude any applicable sales and use taxes. The purchaser is responsible for ensuring all required taxes are paid.

Tax Exemption:

A valid tax exemption certiﬁcate must be provided if applicable.

Payment Terms:

An initial deposit is required, with the remaining balance due upon product pick- up.

Purchase Orders:

A signed purchase order must be submitted if required.

Pricing:

All prices are based on Free on Board (F.O.B.) manufacturer terms. Prices are subject to adjustment after a speciﬁed period.

Delivery and Assembly:

Delivery and assembly services are calculated based on standard business hours.

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Any special customer requests requiring additional time or resources will result in extra charges.

Damaged Goods:

Customers must promptly ﬁle claims for any items damaged during transit.

Clerical Errors:

Errors in documentation or pricing are subject to correction.

Returns:

All returns are subject to a restocking fee.

Credit Card Payments:

Transactions will incur a processing fee.

Equipment Leasing:

Leasing options are available, subject to credit approval.

Signature
Signature Date
Printed name

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15 EXHIBIT “B”

SOURCEWELL DOCUMENTS

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RFP #050924

REQUEST FOR PROPOSALS
for
Athletic and Physical Education Equipment with Related Supplies

Proposal Due Date: May 9, 2024, 4:30 p.m., Central Time

Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Athletic and Physical Education Equipment with Related Supplies to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell- mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than May 9, 2024, at 4:30 p.m. Central Time, and late proposals will not be considered.

SOLICITATION SCHEDULE

Public Notice of RFP Published: March 21, 2024
Pre-proposal Conference: April 23, 2024, 10:00 a.m., Central Time Question Submission Deadline: May 1, 2024, 4:30 p.m., Central Time Proposal Due Date: May 9, 2024, 4:30 p.m., Central Time Late responses will not be considered.

Opening: May 9, 2024, 4:30 p.m., Central Time
See RFP Section V.G. “Opening”

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I. ABOUT SOURCEWELL

A. SOURCEWELL

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS

In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities 1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service

1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.

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entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations:

Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator.

Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.

Proof of publication will be available at the conclusion of the solicitation process.

II. SOLICITATION DETAILS

A. SOLUTIONS-BASED SOLICITATION

This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES

It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Athletic and Physical Education Equipment with Related Supplies including, but not limited to:

a. Physical education equipment;
b. Adaptive athletic and physical education equipment;
c. Individual and team sports equipment and supplies;
d. Coaching equipment and supplies;
e. Indoor and outdoor facilities related athletic equipment; f. Curriculum, assessment, and training tools;
g. Related technology enhanced equipment;
h. Proposers may include athletic uniforms, fitness equipment, and event seating solutions provided that they are complementary to a Proposer’s offering of products described in

1. a. – g. above; and
i. Installation services related to and in connection with the purchase of equipment and products described in 1. a. – g. above.

Proposers may include related equipment, accessories, and services to the extent that these solutions are ancillary or complementary to the equipment, products, or services being proposed.

2. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below:

a. Outdoor Fitness Equipment with Related Accessories and Services (RFP #010721); b. Medical Supply Solutions (RFP #022422);
c. Athletic Surfaces with Installation, Related Equipment, Materials, and Services (RFP #031022);
d. Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies (RFP #031622);
e. Event Seating and Staging Solutions with Related Accessories and Services (RFP #081523);
f. Scoreboards, Digital Displays, and Video Boards with Related Services (RFP #030223); g. Sports Lighting with Related Technology, Equipment and Services (RFP #041123); h. Uniforms with Related Products and Services (RFP #011124); and i. Fitness Equipment with Related Accessories and Services (RFP #TBD).

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Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS

It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. De viation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. PROSPECTIVE CONTRACT TERM

The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one-year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to

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consider additional extensions beyond seven years as required under exceptional circumstances.

E. ESTIMATED CONTRACT VALUE AND USAGE

Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $25 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN

Proposer’s sales force will be the primary source of communication with Participating Entities.

The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.

G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.

3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.

4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.

5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING
A. REQUIREMENTS

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All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.

2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.

3. Stated in U.S. and Canadian dollars (as applicable).

4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).

Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.

B. ADMINISTRATIVE FEES

Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT

Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.

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To identify any exception, or to request any modification, to Sourcewell’s standard Contract terms, conditions, or specifications, a proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Documents” section of the “Bid Details” page on the Sourcewell Procurement Portal and uploaded as part of its response. Only those exceptions noted at the time of the proposal submission will be considered.

Exceptions must:

1. Clearly identify the affected article and section.

2. Clearly note the requested modification; and as applicable, provide requested alternative language.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.

If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

V. RFP PROCESS

A. PRE-PROPOSAL CONFERENCE

Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION

All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

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C. ADDENDA

Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION

Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.

Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

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To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.

The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS

Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.

Any and all costs incurred in responding to this RFP will be borne by the proposer.

F. PROPOSAL WITHDRAWAL

Prior to the proposal deadline, a proposer may withdraw its proposal.

G. OPENING

The Opening of proposals will be conducted in the Sourcewell Procurement Portal immediately following the proposal due date and time. To view the list of proposers resulting from the opening, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.”

Members of the public may attend the Opening at Sourcewell’s office located at 202 12th Street NE, Staples, MN to hear the results.

VI. EVALUATION AND AWARD

A. EVALUATION

It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating

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Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.

Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.

Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.

B. AWARD(S)

Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.

Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000

C. PROTESTS OF AWARDS

Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. All documents that comprise the complete protest package must

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be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained

A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED

This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.

Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.

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Rev. 3/2022 Sourcewell RFP #050924
Athletic and Physical Education Equipment with Related Supplies

Page 13 ends

E. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.

Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.

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04/29/2024
Addendum No. 1
Solicitation Number: RFP 050924
Solicitation Name: Athletic and Physical Education Equipment with Related Supplies

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

Will all provided documents (including financial documents) be posted online with public access?
Answer 1:

Refer to RFP Section VI. E. - Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable public data laws.

End of Addendum
Acknowledgement of this Addendum to RFP 050924 posted to the Sourcewell Procurement Portal on 04/29/2024, is required at the time of proposal submittal.

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04/30/2024
Addendum No. 2
Solicitation Number: RFP 050924
Solicitation Name: Athletic and Physical Education Equipment with Related Supplies

Consider the following Question and Answer to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

If we offer Athletic Uniforms and Athletic Equipment both, should we specify we are offering Equipment ONLY so as not to interfere with the RFP#011124 listed on page 4 of the bid? Or would our athletic uniforms fall under #1 h on page 4 h. that says Proposers may include athletic uniforms, fitness equipment, and event seating solutions provided that they are complementary to a Proposer’s offering of products described in 1. a. – g. above; Thank You!
Answer 1:

In the competitive process, Sourcewell will not pre-evaluate a proposer’s equipment, product, or services offering or advise a proposer on the content of the proposal. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell’s requested equipment, products, and services as described in RFP Section II. B. - Requested Equipment, Products or Services. However, only those products within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of this solicitation.

End of Addendum
Acknowledgement of this Addendum to RFP 050924 posted to the Sourcewell Procurement Portal on 04/30/2024, is required at the time of proposal submittal.

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American Soccer
Company, INC
Anchortex
Corporation
Arizona Sports
Installation, Inc
Defiant Strength
Inc. Draper, Inc
Everlast Climbing
Industries Jaypro Sports KeyRec, LLC
Litania Sports
Group Microlife USA Inc.

Possible Points
Conformance to RFP Requirements 50 32 34 34 41 35 40 40 31 Financial Viability and Marketplace Success 75 52 54 52 60 53 60 58 45 Ability to Sell and Deliver Service 100 73 62 64 79 69 79 83 62 Marketing Plan 50 34 36 33 42 35 41 42 31 Value Added Attributes 75 52 47 49 60 53 56 53 49 Warranty 50 33 38 39 40 48 40 41 37 Depth and Breadth of Offered Equipment,
Products, or Services 200 148 153 148 165 150 165 166 120 Pricing 400 314 325 339 331 300 344 335 306 Total Points 1,000 738 749 758 818 743 825 818 681 Rank Order 11 9 7 3.5 10 2 3.5 13
Modular
Pumptrack USA,
Inc.

Performance
Health Supply, Inc.

Pioneer
Manufacturing
Company PLAE Vertical Inc. Prophet Corp.

Riddell / All
American Sports
Corp
School Health
Corporation STEMfinity, LLC
Varsity Brands
Holding Co., Inc.

Possible Points
Conformance to RFP Requirements 50 32 33 32 40 37 42 36 30 Financial Viability and Marketplace Success 75 49 52 50 59 61 65 56 41 Ability to Sell and Deliver Service 100 61 61 68 80 80 85 69 61 Marketing Plan 50 32 31 31 40 36 43 38 29 Value Added Attributes 75 48 50 50 61 63 63 56 39
Warranty 50 36 33 34 39 34 40 38 32 Depth and Breadth of Offered Equipment,
Products, or Services 200 133 154 136 166 151 169 141 126 Pricing 400 304 259 245 310 295 333 328 249 Total Points 1,000 695 673 646 795 757 840 762 607 Rank Order 12 14 15 5 8 1 6 16
Bill Davison, CPPO, NIGP-CPP, Procurement Analyst Lisa Truax, CPPB, Procurement Analyst Ashley Powers, Procurement Analyst Nicole Lueth, Procurement Analyst Proposal Evaluation
Athletic and Physical Education Equipment with Related Supplies RFP #050924 Pa
g
e

1 6
5 o
f

2 1
8 Defiant Strength Inc. #050924-DFT

Pricing for contract #050924-DFT offers Sourcewell participating agencies the following discounts:

• The pricing model is a percentage discount off MSRP. Discount range is 30-45%.

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050924-DFT

Rev. 3/2022 1

Solicitation Number: RFP #050924

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Defiant Strength Inc., 6387 Windfern Road, Houston, TX 77040 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Athletic and Physical Education Equipment with Related Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires July 15, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;

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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized

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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted

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price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with

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Bell Gardens City CouncilAugust 25, 2025

Bell Gardens City Council
August 25, 2025